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Last update: 26 Azar 1402
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American investment visa What is?
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United States Congress in 1990. American investment visa (EB-5) created. The purpose of this work was to promote the economic growth of the United States by attracting foreign investment, creating new job opportunities and developing business activities. Designed for investors, the EB-5 visa program has quickly become a popular way to obtain US permanent residency. The program continues to be popular today, with approximately 10,000 EB-5 visas awarded to foreign investors each year. Statistics show that by 2020, approximately 80,000 foreign investors had applied for EB5 visas. The vast majority of these requests (about 80 percent) came from these four regions: the People's Republic of China, South Korea, Taiwan, and the United Kingdom. Other countries such as India, Brazil, Vietnam, Nigeria and Mexico are in the next ranks. However, interest in the EB5 visa is not limited to these few countries.
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A summary of the benefits American investment visa
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If it has American investment visa Be your spouse and all your unmarried children who are under the age of 21 will all be eligible to receive a green card. You can with American investment visa Travel to the US from different countries and from the US to dozens of other countries. All in all, your international travels will be much easier thanks to the EB5 visa. In addition, after obtaining an EB-5 visa, there are no restrictions on your employment in the United States. This means that you can work in any field that you are capable of and your job does not have to be related to your EB5 visa investment. If you can invest in the EB-5 Regional Center program, you will no longer need to be involved in the day-to-day operations of the business in which you have invested. Regional centers themselves manage EB-5 projects and investor funds. They allow you to pursue your business interests without participating in the flow of projects.
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Finally, almost five years after the acquisition American investment visa You will be eligible for US citizenship. However, if you do not wish to apply for citizenship for any reason, you can exchange your green card every ten years without going through the review process.
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Visa conditions EB-5 For investors
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– The EB-5 program is primarily open to foreign nationals who wish to make a significant investment in a qualified “new business enterprise” in the United States. Investing in such a company can mean creating a new business or investing in an existing business. If you are investing in an existing business, that business must have been established after November 29, 1990. Because investing in businesses before the mentioned date first requires a series of reorganizations and possibly difficult.
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– You can also invest in a “troubled business”. A business in difficulty means a business that has already existed for two years and has made a net loss of at least 20% in the 12 to 24 months before submitting your visa application form. In this case, there is a requirement to create a job or maintain a job in your investment path; Applicants investing in distressed businesses must create or maintain at least ten full-time jobs.
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– Normally, the business structure of the project in which you invest for the EB-5 visa can have different types. Holdings and subsidiaries, sole proprietorships, joint stock companies, limited liability companies, limited partnerships and joint venture companies can all be among the options before you.
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– There are no educational or language requirements for you, but you must be able to show the legal source of your investment.
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– There are two main paths ahead of you to invest in order to obtain an EB5 visa; Individual investment and investment through regional center program.
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individual investmentIndividual investment)
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You can have full control of the capital that is for American investment visa You are assigned to take care of yourself. If you intend to do so, you must develop a new business venture in America and be able to initially create ten full-time jobs for US citizens and permanent residents.
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Investing through the Regional Center Program
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Investing through a regional center program may be another great option. This option at the same time that you to American investment visa It also provides you with the possibility of not getting involved in the daily operations of the companies. In addition, geographically, you will have more freedom of movement in the American soil and you can settle far away from your investment location. Choose this option if you are not able to manage investment and create ten full time jobs.
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In the context of the EB5 visa, regional centers are economic entities that are privately or government-run. These entities are designated by USCIS to promote growth and job creation in specific areas of the United States. Investing in these centers is a hassle-free way to get an EB-5 visa. Such centers constantly deal with individual investors and their immigration lawyers. As a result, they provide investors with the necessary information quickly and save them from confusion. The State Department estimates that more than 90 percent of EB-5 visa applications are made by immigrant investors working with regional centers.
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Minimum investment amount for visa EB-5
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To qualify for the EB-5 visa program, you must invest at least $1,050,000. However, if your investment is in a Targeted Employment Area (TEA) (an area with high unemployment and rural characteristics) your investment minimum is reduced to $800,000. USCIS is the watchdog that determines which investment schemes are complete, trustworthy and legal and which investors can participate in. However, if you are making a direct investment, it is highly recommended that you seek the help of an immigration attorney. Such lawyers check the full compliance of your application with USCIS standards.
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Background check EB-5 and national security screening
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USCIS is required to check the background of all applicants American investment visa and subject them to the national security screening process. This screening includes reviews conducted by various agencies, including the Department of State and US Customs and Border Protection. As a result, a thorough search is conducted in databases related to criminal and national security records in relation to each applicant. Your fingerprints along with your personal information (including name, place of birth, date of birth, etc.) are among the things that will be checked by the Federal Bureau of Investigation (FBI). USCIS will also likely need to certify that you are not involved in, or suspected of involvement in, money laundering or other financial crimes. In general, the US government must make sure that you have a clean criminal record, that you do not pose any threat to national security, and that you have no prior immigration violations.
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It's worth noting that not all criminal charges or immigration violations automatically disqualify you from applying for an EB-5. If you have concerns about background checks or national security screenings, it is best to consult with an experienced immigration attorney first. That person will help you evaluate whether an EB-5 visa is the right option for you.
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Medical examination for American investment visa
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Before you receive your green card, you (and your family members, if applicable) must also undergo a medical examination. By doing this, the US government can determine that you have had the required vaccinations and that you are not a threat to public health in the country. If you are applying from outside the US, you must see a doctor who is approved by a US consulate or embassy. If you are applying from within the United States, your medical examination will be performed by a USCIS-approved physician. In any case, you must bring written evidence of your vaccination history. Medical history review, physical examination, blood test and chest X-ray are among the things that will be done for you during the medical examination. You will also pass a mental health screening.
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Visa bulletin and your priority date
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When you are looking for a green card, the Visa Bulletin is a vital resource for you. The Visa Bulletin is a monthly publication published by the United States Department of State that provides essential information on visa availability. This publication has two main parts; Family-sponsored preferential visas and employment-based preferential visas. In these two sections, there are visas to which the US government has assigned numerical quotas. These quotas determine for which individuals and countries a particular visa is available. A key aspect of understanding the visa bulletin is understanding the concept of priority dates; The priority date is the date USCIS received your petition (known as your filing date). As a result, your place in the queue for EB5 visa processing is determined by the priority date. If your priority date is before the cutoff date, your EB-5 visa is available and you can continue with your green card application.
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Path to permanent residence and citizenship after American investment visa
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After the petition is approved American investment visa, you will initially receive conditional permanent residence which is valid for two years. To remove the residency conditionality, you must demonstrate that you have met the requirements of the investment program, primarily the criteria for direct investment and job creation. You will do this by filling out Form I-829. Once the Form I-829 is approved, the conditionality of residence will be removed and you will receive a permanent document. A document that changes your US immigration status from conditional permanent residence to unconditional permanent residence.
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Benefits of permanent residence after visa EB5
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After receiving American investment visa And by obtaining legal permanent residency, you will have the right to live and work anywhere in the United States. Plus, you'll enjoy some of the same legal protections and opportunities as U.S. citizens. Also, when you apply for permanent residence, you can also include your spouse and children in your green card application. In addition, legal permanent residents can sponsor certain family members so that they too can have their own green card. In general, by becoming a permanent resident, you can facilitate the reunification of your family in the United States.
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Difference between permanent residence and citizenship
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While lawful permanent resident status gives you many benefits, it is important to distinguish between it and naturalization (citizenship). Citizenship gives you the right to vote, hold certain government positions, and receive a US passport. Lawful permanent residents can also apply for citizenship after meeting certain residency requirements, such as continuous residence in the United States for a certain number of years.
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Obtaining a US investment visa and obtaining legal permanent residence through it
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Time schedule American investment visa
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The timeline for the EB-5 visa application process can vary depending on a number of factors. including based on USCIS processing times or consular processing times. If you are applying from outside the United States, you should be aware that consular processing times vary significantly from country to country. The complexities of investment projects can also affect the timeline American investment visa to affect After an EB-5 visa is approved, it usually takes between 18 and 36 months to receive a conditional green card and an additional 24 months to receive a permanent document.
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Cost American investment visa How much is?
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On the way to receive American investment visa In addition to the investment amount, there are several other fees and charges. These costs are as described in the following table:
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| $3,675 for investor and each eligible dependent. |
| Biometrics: $85 per person. |
| If you are applying from outside the United States, you will need to pay an additional visa application processing fee of $345 per person. |
| Medical examination: The cost of medical examination is different in each country. |
| Form I-485 (if applying from within the United States): $1,140 |
| Form DS-260 (if applying from outside the US): $325 |
| Biometrics: $85 per person (when filing I-485 or DS-260) |
| If you apply through a regional center, the center will charge you an EB-5 visa administration fee to administer the project. This cost depends on the center and the project and usually ranges from 50,000 to 70,000 dollars. |
| \n Expenses after the completion of two years of conditional green card \n |
| Request to remove the conditions of form 829: $3750 (for qualified investors and dependents) |
| Biometrics: $85 for each family member. |
| Additional costs such as translation of required documents, lawyers and travel expenses |
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Checklist of required documents for visa EB-5
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When preparing the EB-5 visa application, it is very important to collect all the required documents. Specific documents may vary depending on your circumstances, but in general, you will need the following documents:
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1- Passport and identification documents.
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2- Evidence of the legal source of investment funds
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3- Commercial and financial documents related to the investment project
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4- Tax declaration and financial statements
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5- Evidence of having a plan for job creation and economic impact (usually this requires creating a detailed plan for your business).
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When preparing the EB-5 visa application, it is very important to collect all the required documents
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For investors in regional centers, these centers themselves provide commitment documents, job creation methods, and project documents. You must also provide documents that show the legitimacy of the source of the funds, such as: 1- Your income tax returns from anywhere in the world for the last five years. 2- Foreign business registration documents 3- Any document that specifies your capital sources. 4- Transcript of no bad civil and criminal background in the last 15 years. 5- Any other document to help UCSIS in determining the relationship between the investor and the amount of investment.
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Reasons for possible application rejection American investment visa
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Most EB-5 visa applicants achieve a successful outcome and receive green cards for themselves and their family members. However, the request of some people is also rejected. If you see “case was denied” as your USCIS status online. You will receive a notice explaining why your application was rejected. The most common reasons for rejection of an EB-5 application are:
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1- Providing false or contradictory information. 2- Failure to provide important documents. 3- Lack of necessary investment funds or lack of investment in the necessary amount. 4- Using illegal resources for investment. 5- Having a history of criminal offenses or previous violations of US visa regulations.
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For those applicants American investment visa who want to guarantee a green card for their children, there is an important consideration; They must complete Form I-526 before their children turn 21. Because if this is not done, the children of these people will not be eligible for permanent residence under the parents' EB-5 application. In addition, if the children get married before the permanent residence is granted, they will be denied a green card.
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