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US EB-5 Investor Visas

US Visas / By American Immigration Center

EB-5 Immigrant Investor program is a federal program that permits foreigners to immigrate to the U.S. by investing in commercial enterprises in the country. Demand for these visas is growing every year. Foreign investors can obtain permanent resident status (green card status) through this visa program. The minimum investment a foreign investor must make under this program is $500,000.

Foreign investors who look to immigrate to the U.S. through this program need to meet certain requirements. They need to meet the capital investment amount and the job creation requirements.

Foreign investors need to invest between $500,000 and $1 million in U.S. business ventures. The EB-5 project in which they invest must be in rural areas or in areas that have high unemployment rates. The investment that the foreign nationals make must create at least ten full time jobs in the country for U.S. citizens, within two years. These investors must actively engage with the companies they invest in, for at least three years.

Entrepreneurs who wish to immigrate to the U.S. must file Form I-526, Immigrant Petition by Alien Entrepreneur. After the USCIS approves their petitions, they need to wait until immigrant visa numbers become available. Once they get their immigrant visas, they can immigrate to the U.S. as permanent residents. However, they need to be admissible into the U.S.

Spouses and children of the EB-5 visa applicants also will become eligible for green cards, if they are eligible for legal status in the U.S. Foreign investors will initially be granted conditional resident status. After two years, they can file applications for removal of conditions on their conditional status and get green cards valid for ten years. However, they will be stripped off their legal status if they misuse their green cards. If they do not intend to live permanently in the U.S. and if they travel abroad for too long, they may lose their legal status. They must not commit crimes and violate the immigration laws.

Looming U.S. crackdown could strip right to work from thousands of foreign worker spousesCanada offers open work permit to spouses accompanying skilled temporary workers
Thousands of mainly Indian spouses accompanying skilled foreign workers on H-1B visas in the United States are preparing for the possibility that they may lose their ability to work in June.
That’s when the U.S. Department of Homeland Security (DHS) could rescind a rule introduced under former U.S. President Barack Obama in 2015 that gave spouses of certain H-1B visa holders the right to work under an H-4 visa.
Prior to the change, the spouses of H-1B holders could not work in the United States, leaving the H-1B visa holders they were accompanying as the sole breadwinners for their families.
The introduction of the H-4 Employment Authorization Document (EAD) changed this rule for spouses of H-1B holders who had applied for permanent residency and were waiting for a decision.
The H-4 EAD was heralded as welcome relief for both the families concerned and the spouses it allowed to work, many of whom are themselves highly skilled and had skilled work experience.
Since then, more than 100,000 H-4 holders have taken advantage of the EAD to get back to work.
Their newfound independence, however, could prove to be short-lived thanks to policies introduced by U.S. President Donald Trump, who came to power on a platform that promised to tighten immigration rules and protect American workers and industry from foreign competition.
The DHS has said its move to rescind the right to work under an H-4 visa is part of a wider effort to bring policies and practices in line with President Trump’s “Buy America, Hire American” Executive Order.

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