The United States offers a wealth of opportunities for business owners and investors looking to diversify their portfolios, expand their operations, and tap into one of the world's largest and most dynamic economies. You may be wondering, "Can I buy US citizenship?" Although not technically in itself, investors with sufficient financial capital can qualify for an investment green card. The process can seem cumbersome if you don't have the help of an experienced immigration attorney, but regardless, it opens up a world of potential earnings for the right entrepreneur. In this guide, we will discuss the ins and outs of applying for a US investment visa. We make the investment immigration process efficient and fast because we understand that your time is valuable.Schedule a consultationto learn more about expanding your business in the US.
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Comparison of US Investor Visa Options
There are several different immigration routes that may be suitable for an investor's situation. It's important to review these with your immigration attorney to make sure it's the best option for you and that you qualify. TheEB-5 Immigrant Investor Programallows foreign investors to apply for permanent residence in the United States by investing a minimum amount. Many EB-5 investments are in real estate, hospitality, manufacturing, physical retail facilities, franchises, and other infrastructure projects. You may see different figures for the minimum required investment. In recent years, to account for inflation, USCIS has increased the minimum investment. From May 2023, the standard minimum investment is $1.8 million (up from $1 million), while the minimum TEA investment is $900,000 (up from $500,000).Future adjustments will also be linked to inflation (according to the Consumer Price Index for All Urban Consumers or CPI-U) and will occur every 5 years.
EB-5 is essentially divided into two programs: the Core Program, which involves the investor's active participation in the day-to-day operations of the investment, and the Regional Center Program, where you can invest your capital as a partial owner in a USCIS-approved organization. Regardless of which option you choose, the investor must invest a minimum of $1.05 million in a US business enterprise or $800,000 if the enterprise is located in a Targeted Designated Area (TEA) approved by the US Citizenship and Immigration Services (USCIS ). If you are applying for an EB-5 visa, you will need to submit documentationForm I-526, Immigrant Petition of a Foreign Entrepreneur.
An EB-5 infrastructure investment, rural project, or high unemployment project can potentially qualify an applicant's application for priority processing, which can speed up the green card application process. Keep this in mind if you're trying to speed up your green card deadline. Again, one major advantage of the EB-5 Immigrant Investor Program is that if the investor is physically present in the United States, they have the option to file for adjustment of status, employment authorization, and travel document simultaneously with their I-526 petition. This means that nonimmigrant applicants may be eligible for temporary U.S. residency until they receive their green cards, which can offer a level of flexibility and convenience in the application process.
What is determining the target area of employment?
Target Employment Area (TEA)is one that has experienced unemployment of at least 150% of the national average rate (can be a rural or non-rural area). They may also include cities and towns with a population of 20,000 or more outside metropolitan statistical areas. Note that USCIS will directly review and determine the appointment of a TEA with high unemployment; will no longer rely on TEA designations enacted by state and local governments.
EB-2 National Interest Waiver Program
Are you an investor who holds at least a master's or bachelor's degree with five years of progressive experience in your field of expertise and is willing to undertake a project deemed to be in the US national interest? If it's like that,EB-2 NIW zelena cardit can be your way!
The EB-2 application includes a waiver of the typical labor certification required by the Department of Labor, certifying that no American worker is ready and willing to perform the work involved. Avoiding the workforce certification process saves you time now! Moreover, if you currently reside in the United States, you have the option to apply for adjustment of status, employment authorization, and travel document at the same time you file the I-140 petition. This means you can stay in the US temporarily until you get your green card.
EB-2 NIW requirements
In order to qualify for NIW, there are three general requirements. The first is that you must demonstrate that the proposed venture hassignificant merits and national significancein fields such as business, science, technology, health, culture or education. Provide quantifiable proof of intended economic impact that can further strengthen your case. At the end of the day, each application will be evaluated individually.
The second condition is that you must havethe ability to advance the proposed venture,which will be evaluated based on factors such as their education, experience, relevant skills, previous achievements, current progress and plan for success. You are not required to prove that your venture will succeed, but that you are capable of achieving it.
Finally, applicants must provide evidence that waiving the conditions of the EB-2 visa job offer would beuseful for the USAThis means that the benefits of waiving the terms of a job offer must outweigh the benefits of not waiving.
EB-1C green card for multinational executives and managers
If you are an investor who has been employed full-time by a foreign organization outside the United States for at least one year within the three years preceding the petition or your last lawful nonimmigrant admission, you may be eligible to apply for an EB-1C green card. The US organization you will be working for must have had a qualifying employment relationship with the foreign organization for at least one year and must be willing to offer you an executive or managerial position.
How does this differ from L1A?
Benefits of an investment green card in the USA
There are numerous benefits that come along with acquiring a US investment green card not only for the investor but also for the local economy and US residents. When it comes to the investor, in addition to the financial return on investment, a green card can provide a path to permanent residency and eventual US citizenship, as well as access to top-notch education and healthcare systems. Moreover, the program can also benefit the local economy by providing much-needed capital for projects that create jobs and promote economic growth. By investing in a qualified company, the investor contributes to the creation of new jobs for workers in the US, which can have a positive effect on the surrounding community.
Sponsorship by a family member
Another option, which should be discussed in more detail with your attorney, is to have a family member who is a US citizen or green card holder sponsor you. About two-thirds of the total green cards issued each year are obtained through family-based immigration pathways. Similar to other immigrant visas, the family green card consists of different subcategories based on the type of family relationship between the visa sponsor and the beneficiary. Immediate relatives are categorized as follows:
- IR-1:Spouse of a US citizen
- IR-2:Unmarried child of a United States citizen under 21 years of age
- IR-3:An orphan adopted abroad by a US citizen
- IR-4:An orphan to be adopted by an American citizen in the United States
- IR-5:United States citizen parent who is at least 21 years old
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Creating a business plan
Creating a business plan is at the heart of any successful venture and can also support your immigration case. Be sure to include your target market, the service or product you offer, and a detailed strategy for connecting your desired audience with that result. If your business will have a tangible impact on America's struggling community
Frequently asked questions
How much money is needed for an investor visa in the USA?
The answer depends on the type of visa you received. EB-5, for example, requires a minimum investment of $900,000. Look at the latterBusiness visa for USA 2023for other business immigration options. Other business visa options can range from $100,000 to over $1 million.
How long does it take to get an investor visa?
Processing time for an investor visa may vary depending on the type of visa, USCIS workload, and other factors. It can usually take anywhere from a few months to a few years to get an investor visa.
What is the 5 year rule for a green card?
The 5-year green card rule refers to the requirement that green card holders must have continuously resided in the United States for at least 5 years before becoming eligible to apply for naturalization.
How can you get a green card through investment?
You can get a green card by investing by applying for an EB-5 visa, which requires a qualifying investment in a new commercial enterprise that creates or preserves at least 10 full-time jobs for American workers. Other options for obtaining a green card by investment include the E-2 visa, which requires an investment in a U.S. company, and the EB-1C visa, which requires an investment in a U.S. company by a foreign company where the applicant has worked for at least one year.
What happens if my business fails?
Depending on your specific case, you may have to leave the country if your business fails as some visas have conditions such as keeping a certain number of domestic jobs.
Do I need to invest all my own money in the business to qualify for the visa?
Not necessarily, but you must be able to demonstrate a significant ownership stake in the company, so funding can be a mix of outside investors and your own personal funds.
What is a US Golden Visa?
The Golden Visa is often so called because it allows high-net-worth individuals and investors to obtain citizenship in a country by making a large donation or investment, sometimes by buying real estate or relocating a business.
How VisaNation Law Group attorneys can help
Our attorneys have years of experience handling various types of business immigration cases and will be happy to help you migrate your business to the North American market. In order to determine the best path for your immigration to the US, it is necessaryschedule a consultationwith our team that will be able to start the process!