Permanent Residency

U.S. Permanent Residency or a Green Card is a status granted to immigrants that authorizes them to live and work in the United States permanently. It also offers a pathway to citizenship, which can be obtained after five years of being a permanent resident. An EB-5 visa applicant can become a conditional two-year permanent resident after the approval of their I-526 application, which is followed by applying for full permanent residency through the I-829 application. Once approved, the investor, their spouse and their unmarried children under the age of 21 can live and work in the U.S. for the rest of their lives.

Rights of Permanent Residents (Green Card Holders)

As permanent residents, immigrants are afforded numerous rights such as the ability to live and work anywhere within the United States, full protection of federal, state, and local U.S. laws, access to a world-class higher education system, and access to world-class medical care. Additionally, they have the option to travel outside of the United States at any point during their permanent residency period and the right to become U.S. citizens after five years.

Regional Centers

A public or private economic organization in the United States that fosters economic growth and economic development is known as EB 5 regional center. Although EB-5 investors can establish their own New Commercial Enterprises, most EB-5 visa applicants typically invest through a Regional Center.

A project must accompany every application to the USCIS for regional center approval. USCIS chooses regional centers to take part in the Immigrant Investor Pilot Program.

Direct Investments

Any investment not made through a regional center program is considered an EB5 direct investment. Direct investments include things like creating your own company, buying an existing company, and making investments in an existing company.

Direct investments usually require a higher minimum investment amount than indirect investments and more hands-on involvement from the investor.

Responsibilities of Permanent Residents

Along with the rights afforded to them, permanent residents also have certain responsibilities. These include paying all applicable taxes such as federal and state taxes, filing income tax returns with the U.S. Internal Revenue Service (IRS), registering with the Selective Service (males, 18-25), demonstrating good moral character, and fulfilling physical presence requirements. However, immigrants from countries with a tax treaty with the U.S. can get credit for payment of foreign taxes.

Permanent Residency vs. Citizenship

U.S. citizenship and permanent residency are two different statuses. Permanent residents cannot hold U.S. passports, vote in U.S. elections, or run for office. Citizens may have an easier time bringing family members to the United States and have greater access to federal jobs. Additionally, U.S. citizens are eligible for more federal assistance and benefits programs such as Medicare and Social Security. Permanent residents are subject to physical residence requirements and may lose their residency status if they remain outside of the U.S. for over a year without obtaining the proper reentry permit, if they obtain a reentry permit but do not get a returning visa after two years, if they move to another country with the intention of permanently living there, or if they fail to file federal tax returns while living overseas for any period of time. In order to enjoy the rights of full citizens, permanent residents must file for U.S. citizenship through USCIS, and typically, they can apply for full citizenship after being in the United States for a period of five years.

EB-5 Green Card Process for Qualified Investors

The EB-5 Immigrant Investor Program is a US immigration program that allows foreign investors to become permanent US residents by investing in job-creating projects in the United States. For many, it’s a great way to gain access to the US and its benefits.

But how does the process work? Let’s explore the steps needed to invest in an EB-5 Green Card.

Step 1 – Qualifying for an EB-5 Visa

The first step is determining if you meet the requirements for an EB-5 visa. To qualify, you must have invested or be in the process of investing at least $1 million into a new commercial enterprise in the US (or $500,000 if investing in certain targeted employment areas). Additionally, you must demonstrate that your investment will create full-time jobs for at least 10 American workers.

Step 2 – Selecting an Investment Project

Once you’ve determined that you are eligible for an EB-5 visa, the next step is selecting an investment project. There are many options available, from real estate development projects to manufacturing plants or even service businesses such as restaurants and hotels. It’s important to choose a project that meets your needs and fits within your budget.

Step 3 – Making Your Investment

Once you’ve selected your project, it’s time to make your investment. This can be done through either direct investment or regional center investment. With direct investment, you must manage all aspects of your business yourself; with regional center investment, you can invest in pre-approved projects managed by experienced professionals who will handle all of the details on your behalf.

Step 4 – Filing Your Immigrant Petition

The final step is filing Form I-526 with USCIS and submitting all necessary supporting documents (including evidence of job creation). Once filed, USCIS will review your application and determine whether or not you meet their requirements for approval. If approved, you will receive conditional permanent residency status based on your investments and job creation activities.

Step 5 – Removing Conditions

After two years of receiving conditional permanent residency status, investors must file Form I-829 with USCIS to remove their conditions and receive full permanent residency status in the United States—a critical step that should not be overlooked!

After these five steps are complete, eb-5 investors will have received their green card and can enjoy all of the benefits that come along with being a lawful resident of the United States!

Benefits of the EB5 Visa Program for the US and Its Citizens

The EB-5 Visa Program proved to be a great benefit for the US and its citizens. This program allows foreign investors to live and work in the country, investing in new businesses and creating jobs for the local communities.

In short;

Economic expansion.
Creation of jobs.
Developing in less-served regions.

By doing so, these entrepreneurs help stimulate local economies, boost revenues, and strengthen industries. As their investments expand, they bring experienced workers to their projects while helping existing American workers increase their wages and benefits.

Furthermore, the EB-5 visa holders have the freedom to engage in any investment activity of their choice as long as it adheres to the laws lay down by the US government.

In that way, EB-5 visas provide many of invaluable economic opportunities for both foreign investors and US citizens alike.

EB-5 Immigrant Investor Program- Free EB-5 Visa Consultation

The EB-5 Immigrant Investor Program provides a unique avenue for individuals and families to receive their permanent residency in the United States.

It allows qualified foreign investors to obtain a Green Card by investing $900,000 in an approved project that creates jobs in the U.S., such as regional centers.

As this program is highly specialized, it is important to consult with an EB-5 migration specialist who can help you navigate the process smoothly.

At EB 5 River Oak, we provide free EB-5 visa consultation, which makes it easier and more accessible for those interested in joining this program. Our experienced team of experts helps guide you through the documentation process quickly and efficiently so you can enter the country sooner.