Obtaining an EB-5 Visa — A Direct Path to Getting a Green Card

The primary goal of issuing you an EB-5 immigration visa is to create new jobs for residents of the United States of America. This visa is one of the key options for those who seriously intend to obtain a green card in the future. The EB-5 program allows you to obtain a U.S. green card (permanent residency in the U.S.) right away. Moreover, the green card is issued immediately to the entire family: the investor, their spouse, and unmarried children under 21 years of age, without undergoing a lengthy “family reunification” process. 

Furthermore, we are pleased to inform you that according to Section 203(b)(5) of the Immigration and Nationality Act (INA), more than 10,000 visas of this category are issued annually worldwide. The U.S. is genuinely interested in creating jobs in the U.S. and does everything possible to simplify the process of obtaining this immigration visa and make it as comfortable as possible for you. Moreover, here’s a little secret: they will be more than lenient with you if it involves creating new businesses, companies, firms, or organizations of various profiles and scales on the territory of the United States of America. 

Let’s discuss who is eligible to apply for a visa of this category. 

Who Is Eligible for an EB-5 Visa

First and foremost, this visa is available exclusively to foreign nationals. The following categories of individuals may apply:

• Those opening a new business in the States or purchasing an existing one;
• Investing between $500,000 and $1 million in any business (excluding franchising). A mandatory condition is that at least 10 jobs must be created in this business. 
• Investing in the expansion of an existing business by 140% or more, with the mandatory requirement of hiring personnel;
• Investing in a partially declining business that has lost at least 20% of its equity over the last 1-2 years.

Additionally, for the first three types of investments, it is important to employ at least 10 people (U.S. citizens). As for the fourth category, since it involves a troubled business, each case is considered on an individual basis. More on this situation below.

Let’s examine how the application process for a visa of this category works. 

Features of Submitting Documents to the Immigration Service 

To obtain an EB-5 visa, you must first submit a completed Form I-526 (the so-called “Immigrant Petition by Alien Entrepreneur”) to the immigration service (USCIS). This form is submitted for registration exclusively in the region of the country where the entrepreneurial activity is planned.

By the way, you may need the assistance of an immigration attorney at this stage (the stage of filling out and submitting documents). Often, even a misplaced comma in this form can lead to quite unfortunate consequences. It is essential to be completely confident in the accuracy of this document from the very beginning. That is why it is better to entrust this to experienced immigration attorneys who have serious experience in correctly filling out these forms.

As additional documents, those confirming, first and foremost, your financial capability and, of course, the amount invested are usually considered. You must fall into one of the above categories of immigrant investors.

If you fully meet the conditions presented to you, you will receive only conditional resident status in the United States for a period of 2 years (a temporary green card). It is no different from a regular one, except for the duration. If all the conditions of the EB-5 program are met within 2 years, the temporary green card is replaced with a permanent one. 

To obtain a temporary green card, you must first provide the immigration service with and register the completed Form I-485 (“Application to Register Permanent Residence or Adjust Status”). Immigration attorneys submit the documents to USCIS (the immigration service). The decision on issuing you a green card is made in the U.S. at USCIS (the immigration service). 

Speaking of “full” resident status, for that, you must go through the final stage, namely submitting Form I-829 (“Petition by Investor to Remove Conditions on Permanent Resident Status”) to the immigration service. This is applicable for those who have already received an EB-5 visa. Moreover, this must be done within 90 days after living in the U.S. as an investor-entrepreneur for up to 2 years.

Now let’s talk in more detail about each of the investment directions and the requirements imposed on immigrant investors.

Requirements for Potential Immigrants Opening New Companies in the United States

When creating a new commercial enterprise, the following irrefutable evidence must be provided to the immigration service: 

• A package of documents confirming the establishment of a new company on the territory of the States. This can include federal tax returns as well as registration (founding) documents of the company;
• Copies of bank documents confirming the fact of investing a certain amount;
• If residing in the status of a conditional resident and living in the U.S. for two years, evidence of your active participation in the development and establishment of the new company (this can include commercial invoices and receipts, bank statements, contracts, licenses for conducting commercial activities, results of audits of financial documents, as well as completed copies of federal and state tax returns, quarterly tax statements, etc.);
• Documents confirming the number of employees working in the company for a certain period of time. Here, payroll records, tax documentation, and income declarations from employees using Form I-9 may serve as supporting documents.

What to pay attention to when trying to "revive a troubled business"

Strangely enough, the package of documents confirming the successful revival of a troubled business remains the same. The only distinguishing factor is that it is not necessary to provide confirmation of the creation of exactly 10 new jobs; it is important that there is no fact of staff reduction. Supporting documents can include tax declarations in the I-9 form, expanded business plans of the enterprise.

What your family members can expect

“Dependents” of yours can also move to the United States. This can refer to your wife as well as children under 21 years old who are not in a registered marriage. They easily receive conditional resident status, and after submitting the Petition in form I-829 to remove the conditional status, this status is also removed from your relatives. Moreover, they can work and study immediately after obtaining conditional resident status in the United States.  

Let’s focus on the main advantages of the EB-5 immigration visa. 

What the investor visa of this category will give you

Let’s consider the key advantages.

1. The EB-5 investor visa provides a fully legal status of residence in the United States. It completely “closes” all the opportunities available to U.S. citizens. It is also important that the resident status available to those who obtain this category of visa does not need to be renewed or “updated.” However, when obtaining non-immigrant visas of categories H, B, or E, unfortunately, one cannot speak of resident status. These visas do not provide the opportunity to obtain a green card. Moreover, they sometimes require time-consuming and resource-intensive registration procedures with the immigration service (USCIS) or even returning to the home country after several years of living in the States to visit their consulate — the “initial point of departure.” And due to the frequent changes in immigration legislation, there may be a complete ban on entry into the U.S. when attempting to “extend” a non-immigrant visa. Therefore, if your key goal is permanent residency in the States and you have the means to invest, the best option is the EB-5 visa. 
2. Having a green card confirming the right to permanent residence in the U.S. allows both the investor and their family members to stay in the United States without any issues. Additionally, it is sometimes possible to leave and then return to the States. However, there are certain restrictions on the duration of stay outside the U.S., but they are manageable and quite insignificant. The main thing is that you should reside in the country for no less than 50% of the time in a year.
3. Having an EB-5 visa allows entry not only for business purposes; it is also possible to visit the U.S. for personal reasons and reside there for an extended period.
4. Upon obtaining permanent resident status in the U.S., there is no need to obtain the EB-5 visa itself, as the green card serves as confirmation of your legal stay in the States. For those who simply prefer to be investors, having this category of visa is sufficient; you can work, conduct business, and even retire, meaning you have access to everything that is available to native residents of the States.
5. Having an EB-5 visa gives the right to a full education at leading universities in the U.S. Moreover, you are entitled not only to basic and higher education but also to receive significant discounts on tuition fees if the university or college is located in the state where you reside.
6. When talking about the cost of living in the United States, it is worth noting that the prices of consumer goods and services are sometimes much lower than in developed European countries. This is undoubtedly an undeniable advantage when choosing the U.S. either as a country for investment or as a country for permanent residence. 
7. Good conditions for family members of the investor, especially for students. After college and during their studies, young people can work to cover their basic living expenses in the States. 
8. The number of various benefits that you can take advantage of is quite large. This includes financial benefits in the social and educational sectors. These are discounts on school and college fees, medical care benefits, and various social payments.
9. The ability to move with your family, which the EB-5 investor visa provides, is extremely important: it saves you from undergoing the often arduous process of “family reunification.” Additionally, your family members also have the right to apply for green cards.

Your investment strategy is a key point for the success of your business and your immigration issues 

For some unknown reason, when considering the option of immigration to the States as an investor, many forget a key moment — the comprehensive development of an investment strategy. This “forgetfulness” or blatant misunderstanding of the importance of detailing at least the key stages of the strategy can sometimes be very costly. This applies to those who expect to obtain an EB-5 visa on standard terms.

For this reason, it is extremely important to obtain comprehensive consultation. Sometimes just an hour-long conversation is enough for you to clearly understand the key directions for developing an investment strategy. So, before applying for the EB-5 visa, it is crucial to consider the following points:

• Assess the potential of your business to create 10 or more new jobs (based on your investments, of course);
• Understand whether there is a possibility of fully maintaining all these jobs for at least the next 4 years or more (this is a crucial condition for you, especially if you plan to subsequently apply for permanent green card status);
• Clarify how long the investment process itself will take (this is important for those for whom the time factor plays a key role);
• Assess how much the value of your investments will increase and whether it will increase, and what risks exist for its decrease;
• Evaluate the risk of potentially losing the jobs you have created and how this might affect your receipt of the EB-5 visa;

Obtaining a green card through investment in regional investment centers. 

          This program was created in the U.S. back in 1992. It is defined by section 610 of the “Population Law 102-395” (from October 6, 1992). The requirements for obtaining an EB-5 visa under this program are almost identical to the standard requirements. This is regarding documentation. The investment procedure itself differs slightly, as it is fully related to the so-called Regional Center. This Center primarily regulates the number of jobs created, which is required from the investor, lowering the requirement for native residents of the States. This refers to its narrow focus concerning the applicant for the visa, and speaking in terms of the whole country, Regional Centers are designed to promote economic growth, monitor the creation and development of businesses, jobs, investment volumes, and productivity in their region. These centers exist in many areas of the country and belong to both public and private entities. These regional centers are authorized by the respective immigration services (USCIS) of each state.

The main requirements for participation in the pilot program are as follows:

• Investing in a regional center of about $500,000 to $1 million. The center's work should be related to problematic businesses or the opening of new companies in this region of the country;
• Creating at least 10 permanent jobs for residents of this region, which is a key requirement;
• The full package of documents for the Pilot Program fully complies with the basic package for an EB-5 visa.

Specialists from US Business Services Corp., while not collaborating with Regional Centers in the country, know their main requirements. Therefore, timely contact with us will allow you to save significantly on both time and financial resources.

You must know and understand that you are transferring your money to the management of the regional center, and you will have no relation to the management of this money. There are no guarantees that you will get this money or any money back. Even if you receive a green card through the regional center. 

It is impossible to sue the regional center or try to get your money back from the regional center. By transferring money to the regional center, you sign an absolutely burdensome contract, and by signing it, you completely lose any legal opportunities to get your money back. 

If you have a lot of money, say 40-50-100 million and don’t want to worry too much about businesses, and can risk a million dollars in exchange for a Green Card, then perhaps the regional center is the right path for you.

However, if you are used to controlling your money, participating in the management of businesses that operate your funds, then it is better for you to refrain from working with Regional Centers altogether. 

What should raise your concerns about the consultants of the Regional Center

We believe it is extremely important to consider this issue in detail, as misunderstanding these "underwater stones" can significantly affect your financial situation.

First of all, it is worth stopping at the question of trust: you can use your knowledge, gained, for example, after communicating with the consultants of our company, and simply—your "sixth sense".

Moreover, you should be particularly alarmed if the Regional Center employee views everything exclusively in a positive light, especially if it concerns investing in an existing business that has partially "declined" and needs to be brought back to normal performance. 

Furthermore: all the aforementioned issues should not go unnoticed, as well as any questions that arise during your communication. Noticing mistakes in filling out documentation or any possible inconsistencies is also the responsibility of the regional center employees. They should not just skim through your application but should carefully review the full package of documents you provide. Failure to comply with this requirement may lead to not obtaining a visa at this moment and difficulties in obtaining it later.

It is important for you to fully ensure from the outset that you meet all the requirements for the EB-5 investment visa and the program of this Regional Center. You should know and understand that regional centers DO NOT GUARANTEE the receipt of a green card and there are no government guarantees on this issue. If the employees of the regional centers talk about some "guarantee," it is a deception. They have no right to talk about any guarantees of obtaining a green card for you. 

How to significantly speed up obtaining a green card through the EB-5 immigration visa

The USA, as a country of significant opportunities, attracts many. Some see the States merely as a chance to earn money there, while others view this country as an opportunity to gain profits by investing their own funds. Naturally, in this case, investors hope for permanent residency in the States by obtaining a green card, and the EB-5 visa is one of the fastest and legal ways to obtain residence in the USA.

The EB-5 program, which provides for further residence, was specially created and designed for investors with the creation of jobs for US residents. A fair exchange, agree, the opportunity for permanent residency in exchange for creating not such a large number of jobs and investing? So, by participating in the program and fully meeting all necessary requirements, you will receive:

• The opportunity for permanent residence in the United States of America together with your family, including no more than 10 people along with unmarried and unengaged children up to 21 years old;
• The right to choose any American state for residence and to conduct your business activities there;
• No requirements for education, English proficiency level, minimum age, and business experience. Agree, all of the above is certainly quite valuable? After all, having all these skills and competencies is often a significant stumbling block for those moving abroad for permanent residence;
• The possibility of obtaining a permanent green card instead of a temporary green card just 2 years after obtaining it. Of course, all the above applies to all family members of the investor;
• Compliance with all social benefits and the possibility of obtaining an education, which is also relevant for US residents.

At the same time, it is only important to clearly comply with all the requirements set by the EB-5 visa program. Here they are.

Main requirements for EB-5 visa applicants and future permanent green card applicants

The main requirement concerns the amount of investment. It must be at least $500,000 for participants in the Targeted Program (referring to Targeted Areas within the USA where the unemployment rate is 1.5 times higher than the national average) and at least $1 million for all other applicants.

The second main requirement is the creation of at least 10 jobs, with each employee's employment being at least 35 hours per week. The applicant and their family cannot, of course, claim these jobs: they can only be occupied by permanent residents of the USA. Furthermore, if, for example, 2 jobs are created with a total employment of 20 hours per week each, this will only count as one job with employment of at least 35 hours per week (which is considered full-time in the USA). The salary must also not be lower than the average for the region, strictly in this industry and for this position. 

Further requirements are also important and must be adhered to. For example, the complete transparency of investments, which you must prove if necessary. Investments must not guarantee a 100% return of invested funds; this program is more focused on high-risk capital investment. Hence, you cannot make an investment in a well-established franchise system, a well-developed office center, or gas stations. In this case, you will receive a 100% denial of the EB-5 visa.

The next key requirement is the accreditation of the investor. Let's discuss it in a bit more detail. 

Features of accreditation 

To obtain accreditation, you must have a capital of at least $1 million and participate in the program as an individual. The capital can be exclusively yours or jointly acquired with your spouse.

Accreditation is also possible with an income of at least $200,000 for the last 2 years or a joint capital of at least $300,000 for the same period. It is also important to provide a justified confirmation that your income will not decrease over the next year at a minimum.

Now it is time to touch upon the mechanism of obtaining a green card, which provides the opportunity for permanent residence in the USA.

The feature of obtaining the right to permanent residence in the USA

This can practically be achieved using two possible options for resolving this issue.

The first option involves investing in a Regional Center (which we wrote about a little earlier). And we also mentioned possible difficulties you might encounter. These can include a lack of any control over the invested funds, as well as the absence of a legal mechanism for returning capital (at most, you may only recover a small portion of the investment, spending a significant amount of time on this) if you decide that "something has gone wrong". Moreover, we also examined a multitude of various nuances that you might face when working with regional centers. 

However, we are not saying that working with regional centers is so bad if you expect to quickly obtain a green card, possess $1 million with which you are ready to "freely part," are not prepared to "fuss with paperwork," and are particularly not ready to delve into your business.

As for our participation in your green card acquisition, if you are ready to follow this path, the only thing we can do for you is to try to find regional centers with a good reputation. Without guarantees, of course. 

To obtain accreditation, it is important to have a capital of at least 1 million US dollars and to participate in the program as an individual. The capital can either be solely yours or jointly owned with your spouse.

For accreditation, an income of at least 200,000 dollars over the last 2 years or a joint capital of at least 300,000 dollars over the same period is also acceptable. It is also important to provide substantiated evidence that your income will not decrease over at least the next year.

Now it's time to touch on the mechanism for obtaining a green card, which provides the possibility of permanent residence in the USA.

The feature of obtaining the right to permanent residence in the USA

In practice, this can be achieved using two possible options for solving this issue.

The first option involves investing in a Regional Center (which we mentioned a bit earlier). And we also noted possible difficulties you may encounter. These can include a lack of control over the invested funds as well as the absence of a legal mechanism for capital return (at most, only a small volume of investments can be returned, requiring a significant amount of time), if you feel that “something went wrong.” Furthermore, we also discussed numerous nuances you may face when working with regional centers.

However, we are not saying that working with regional centers is so bad if you are counting on a quick green card, have 1 million dollars that you are ready to “freely part with,” are not prepared to “deal with paperwork,” and especially are not inclined to delve into your business.

Regarding our participation in your obtaining a green card, if you are willing to go this route, the only thing we can do for you is to try to find reputable regional centers for you. Without guarantees, of course.

The second option — is the possibility of direct investments. Here, our company’s staff has extensive experience, and we are ready to provide you with comprehensive support in this area. Additionally, you will have full control over all invested funds. You can invest either 1 million dollars or start with only 500,000. Plus, one of the requirements is to create 10 or more jobs for US residents. Full compliance with these straightforward requirements ensures you first receive a visa under the EB-5 program, and then a green card.

What are the main requirements for investment?

There are several, and they are also quite simple.

1. The ability to invest in an existing business established in the USA after 29.11.1990. If the company was “opened” before this date, you must provide substantiated evidence of its necessary modernization and reorganization.
2. You must choose a truly operational business; passive investment is completely excluded.
3. The source of investment must be entirely legal, and you must be able to prove this.
4. It is possible to take out a loan as a source of funding provided all necessary taxes and fees are paid.
5. It is also possible to use a gift as a source after paying all necessary taxes.
6. If you invest in a business in a region with a high unemployment rate (more than 1.5 times that of the national average), then the investment amount can be around 500,000 dollars.
7. All created jobs must belong exclusively to the current company, the one in which you have invested. The involvement of contractors and subcontractors as employees is not allowed.

From this, it follows that there are significant advantages to direct investment over collaboration with regional centers. The main advantage is that a genuinely operating business will be your reliable financial support, allowing you to continue living in the USA for many years. In fact, you not only receive a green card for yourself and your family members, but you also build financial well-being for your family for years to come.

The preparation for obtaining permanent residency with the help of qualified immigration lawyers from the company and business recommendations from US Business Services Corp. is simple and comfortable for you. It includes 12 main steps.

How to obtain a green card with the help of our company's employees

1. Visit our company’s office and determine the investment program, understand, at least in general terms, the strategy for future investment in a real business.
2. Meet with one or more immigration lawyers and decide which one you will work with for your business.
3. Familiarize yourself with all the requirements for obtaining a visa in this category. They may vary slightly in each specific case.
4. Pay attention to gathering the entire package of documents confirming the legal origin of the investments, the specifics of their investment, and further tracking.
5. Conduct a comprehensive business analysis and develop a further business plan independently or with the help of our specialists.
6. Invest the capital.
7. Confirm your rights as an applicant and investor by completing and submitting the Petition Form I-526 to the immigration agency (USCIS).
8. Submit a request through an immigration lawyer to change your status to conditional resident status. This is possible if you are in the USA and your Petition has already been confirmed. If you are outside the states, you will wait for an invitation to attend an interview at the American embassy or consulate in your country. During the interview, visa officers will try to ascertain the authenticity of your investment intentions, and if confirmed, will change your status. A visa denial is possible in case of a criminal record, serious infectious diseases such as HIV or tuberculosis, and other undisclosed consular reasons.
9. Leave for permanent residence alone or with your family. At this point, you will only have a temporary green card.
10. Confirm the investment of the full amount and the creation of at least 10 jobs by you. This is possible after 21 months of living and conducting business in the USA.
11. Submit a request using Form I-829 to change from conditional resident status to permanent residency in the USA. This needs to be done between 21 and 24 months of staying in the country.
12. Receive a permanent green card instead of a temporary one. This will significantly expand your opportunities both in business and in other areas. Moreover, just 4 years and 9 months after receiving a permanent green card, you can submit a package of documents for obtaining full American citizenship.