EB-5 Visa: The American investor program offers a quicker path to PR in US compared to other options

EB-5 Visa, American investor program, green card options, foreigners

One of the most developed economies of the world, the US is an obvious destination for any student seeking quality education, a young professional seeking career growth, or an entrepreneur seeking a vibrant and developed startup ecosystem.

Being a lawful permanent resident in the US (commonly described as being a green card holder) offers key advantages and benefits like residency rights, the right to work and study without requiring a visa, the right to travel outside the US with minimal restrictions, and the option of eventually applying for US citizenship.

Among the various pathways to qualify for the US green card, the EB-5 visa is probably one of the most popular options today.

Conditional Permanent Residence in as Little as 18-24 Months

The EB-5 visa offers a quick route to the US green card relative to other US green card options. An investor applying from outside the US can usually enter the US as a conditional permanent resident within 18 months of filing the I-526 petition, which is the start of the formal EB-5 application process.

Introduced by the EB-5 Reform and Integrity Act of 2022, concurrent filing of I-526 and Adjustment of Status petitions offers an added advantage to EB-5 investors applying from within the US.

They have the option of getting an Employment Authorization Document or a work permit and Advance Parole or a travel permit within six to eight months of the filing of the I-526 petition.

This means an investor applying from inside the US can work anywhere in the country or even run their own business and travel outside the US with minimal restrictions within just six to eight months of applying for the EB-5 visa.

In contrast, H-1B visa holders in the US are facing waiting periods stretching over years or even decades under the EB-1, EB-2, or EB-3 programs.

EB-5—Take Control of your Green Card Journey

Another advantage of using the EB-5 visa to qualify for the US green card is that the applicant has significantly higher control over the entire process.

Barring a few tough exceptions, most work permit holders in the US require employer sponsorship to begin the green card process.

A pending application means severe constraints on the individual’s ability to switch jobs or even negotiate for better pay. Such a worker remains vulnerable to economic downturns, industry-specific disruptions or even employer-specific issues impacting his or her green card petition.

In contrast, an EB-5 investor has far greater control over the green card journey.

From choosing to invest in a Regional Center or opting for a Direct EB-5 investment to comparing different Rural or Targeted Employment Area projects, the EB-5 investor takes all the decisions that will impact his or her green card prospects.

One can work with experts like EB-5 advisors for identifying the right project or immigration lawyers for Source of Funds analysis and completion of all immigration formalities. However, the final decision is always the investor’s prerogative.

EB-5 Takes Luck Out of the Equation

Selection in the H-1B lottery is a matter of pure luck. Merit plays no role in the H-1B selection process. In contrast, the EB-5 visa is all about making an informed decision based on hard data and reasoned analysis of the pros and cons of different investment projects and options.

Further, the EB-5 program separates immigration risk from investment risk. Even in the worst-case scenario of the project’s failure and loss of capital, the investor can still qualify for the green card if the at-risk investment and job-creation requirements are fulfilled.

A thorough analysis of the Source of Funds and comprehensive due diligence of the Regional Center project can minimize immigration risk and offer a strong probability of qualifying for a green card.

Choosing a reputed and credible Regional Center with a good track record of completing projects and returning investors’ capital and identifying a project with a strong business plan can increase the probability of return of capital in four to six years.

This means choosing the EB-5 visa over other options can offer a faster, surer, and cost-effective pathway to permanent residence in the US.

 

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