STEP Guide in Applying For US Residency By Investment- Do you plan to build a life in the United States? Do you have the financial resources to invest in a business that can create jobs and strengthen the economy? If so, you may be eligible for US residency through investment.
This is an opportunity for foreign investors to obtain a Green Card and eventually US citizenship by meeting some basic requirements. While it’s not a walk in the park, it is achievable with the right guidance.
In this article from the AMAZING GROWTH TEAM, we break down the process of applying for US residency through investment clearly and straightforwardly.
What Is US Residency by Investment?
Also known as the EB-5 Immigrant Investor Program, this initiative was founded by Congress in 1990 to attract foreign capital and stimulate job creation in the United States.
Under this program, investors (along with their spouses and unmarried children under 21) can apply for permanent residency (Green Card) if they:
- Make the required investment in a commercial enterprise in the US.
- Â Commit to creating or preserving at least 10 full-time jobs for qualified US workers.
Investment Requirements
What is the Minimum Investment Amount?
- $1,050,000 for standard investments.
- $800,000 for investments in Targeted Employment Areas (TEAs) or Infrastructure Projects.
- TEAs are either in rural areas or locations with high unemployment rates.
- Infrastructure projects focus on public works that boost economic growth and employment.
Business and Job Creation Requirements
A qualifying commercial enterprise can take various forms, including:
- Sole proprietorships
- Partnerships
- Corporations
- Joint ventures
- Holding companies
The business must be established after November 29, 1990, or significantly restructured or expanded after that date. Investors must play an active role in managing the enterprise, whether directly or through policy development.
The 10 required jobs must be full-time (at least 35 hours per week)and must be created or preserved within two years of the investor’s entry as a conditional permanent resident. These jobs can be:
- Direct: Employees working for the enterprise.
- Indirect: Employees of businesses providing goods or services to the enterprise.
- Induced: Employees of businesses benefiting from spending by the enterprise or its workers
STEP-BY-STEP Guide to Applying For US Residency By Investment
The process involves multiple steps and can take several years to complete. Here’s what to expect:
Step 1: Choose the Right Investment Project
You can invest directly in your business or through a regional center, an entity approved by USCIS that pools investments and sponsors projects meeting EB-5 criteria. With hundreds of regional centers across the US, thorough research is crucial to ensure feasibility, profitability, and compliance.
Step 2: File Form I-526 (Immigrant Petition by Alien Investor)
This form proves your eligibility for the EB-5 program. You must submit:
- Proof of investment funds and their legal source.
- Investment agreement and business plan.
- Job creation strategy.
- A $4,010 filing fee.
Step 3: Await USCIS Approval
Processing times vary from months to years, depending on case complexity and application backlogs. USCIS may request additional documentation before making a decision.
Approval: You can proceed to apply for a visa or adjust your status.
Denial: You may appeal or reapply with stronger evidence.
Step 4: Apply for a Visa or Adjust Status
- If outside the US: Apply for an immigrant visa at a US consulate by submitting Form DS-260, paying a $345 visa fee, and attending an interview.
- If already in the US: File Form I-485 to adjust your status, pay a $1,225 filing fee, and attend a USCIS interview.
Step 5: Receive Your Conditional Green Card
Once approved, you’ll receive a conditional Green Card valid for two years. During this period, you must fulfill EB-5 requirements to maintain residency status.
Step 6: Remove Green Card Conditions
Within 90 days before your conditional Green Card expires, file Form I-829 and pay a $3,900 fee. Provide evidence that your investment remained intact and created or preserved the required jobs.
- Approval: You receive a permanent Green Card valid for 10 years.
- Denial: You risk losing residency status and may face removal proceedings.
Step 7: Apply for US Citizenship
After five years as a permanent resident, you may apply for US citizenship through naturalization by:
- Meeting residency and physical presence requirements.
- Demonstrating English proficiency.
- Passing a civics test.
- Filing Form N-400, paying a $725 fee, and attending an interview and oath ceremony.
Next Steps
Getting US residency through investment requires commitment and patience, but it is a pathway to permanent residency and even citizenship. If you have the financial means and a strategic approach, the EB-5 program can be your gateway to the American dream.
Consult an immigration attorney or financial advisor before kickstarting your journey.