February 22, 2024

Key Requirements For The U.S. Golden Visa Program

Key Requirements For The U.S. Golden Visa Program

 

The U.S. Golden Visa program, officially known as the EB-5 Immigrant Investor Program, offers foreign nationals a pathway to obtain permanent residency by making a substantial investment in the United States. To successfully understand this program, individuals must fulfill key requirements that encompass investment amounts, job creation, and adherence to immigration regulations.

Investment thresholds:

One of the primary requirements for the United States golden visa is meeting the investment threshold. Investors must commit a minimum capital of $1.8 million to a new commercial enterprise. However, if the investment is made in a targeted employment area (TEA), where there is high unemployment or in rural regions, the minimum investment is reduced to $900,000. It is crucial to ensure accurate documentation and evidence of the lawful source of these investment funds.

Job creation:

A fundamental aspect of the EB-5 program is the creation of jobs. Investors are required to demonstrate that their investment directly results in the creation of at least ten full-time jobs for qualifying U.S. workers. These jobs should be established within two years of the investor’s admission as a Conditional Permanent Resident. This requirement ensures that the program contributes to economic growth and employment opportunities in the United States.

Choosing between direct investment and regional centers:

Investors have the option to make a direct investment in their own business or choose a USCIS-approved Regional Center. Regional Centers are entities that facilitate pooled investments in large-scale projects, aiming to create jobs. Deciding between direct investment and a Regional Center depends on individual preferences, risk tolerance, and the desire for a more hands-on or passive approach to managing the investment.

I-526 petition approval:

The initial step in the EB-5 process involves filing the Form I-526, Immigrant Petition by Alien Entrepreneur. This petition is crucial, as it establishes the investor’s eligibility and the legitimacy of the investment. Upon approval, investors and their eligible family members are granted conditional permanent residency.

Removal of conditions (I-829 Petition):

To transition from conditional to unconditional permanent residency, investors must file Form I-829, Petition by Entrepreneur to Remove Conditions. This step requires providing evidence that the required jobs have been created, and the investment has been maintained. Successful approval of the I-829 petition leads to the removal of conditions on permanent residency.

Adherence to immigration regulations:

Compliance with all immigration regulations is paramount throughout the EB-5 process. This includes providing accurate and timely documentation, adhering to investment and job creation requirements, and ensuring that the investment aligns with the guidelines set by the U.S. Citizenship and Immigration Services (USCIS).