Investment immigration process in the US

US investment immigration or the EB-5 Immigrant Investor Program is a US investment immigration program for international investors, established by the US Congress and managed by the US Citizenship and Immigration Services (USCIS). To participate in the EB-5 project investment, investors need to clearly understand the information about the program, conditions, and investment immigration process in the US. In the following article, Viet An Law will provide information on the investment immigration process in the US according to current regulations.

Benefits of investing in immigration to the US

Investors participating in the EB-5 Immigrant Investor Program will enjoy many specific benefits as follows:

• After only 2 years, you can apply for a permanent green card; after 5 years, you can apply for naturalization to become a US citizen.
• Immediately after becoming a US citizen, investors are allowed to sponsor relatives to immigrate to the US according to current regulations.
• Enjoy full rights as a US citizen, except the right to vote.
• Free entry into the US without a visa; visa waiver to more than 160 countries around the world
• The investor’s whole family, including spouse and children who are unmarried and under 21 years old, will receive a US green card as permanent residents.
• Investors’ children will be exempted from tuition fees in elementary, secondary, and high school. University tuition fees will be only 1/3 compared to international students. After graduation, they can apply for jobs with salaries and benefits like locals at corporations, government agencies, etc.
• Receive investment capital back after 5 years in shares or cash. In addition, you will also enjoy a higher annual interest rate than USD savings in Vietnam. This only applies to entrusted investors.
• The right to hold dual citizenship while living in the US. If you are a Vietnamese immigrating to the US through EB5 investment, you can hold dual citizenship, Vietnamese and American.

Conditions for participating in US immigration investment

To participate in the EB5 program, investors need to meet certain conditions:

• Age and behavioral abilities: Investors must be over 18 years old and have full legal capacity to participate in the program.
• Minimum investment capital: Capital invested in the project in the US is about 800,000 USD for indirect investment and 1,050,000 USD for direct investment.
• Proof of capital source: Proof of legal origin of investment funds in various forms for at least the first 2 years.
• Job Creation for native people: EB-5 investment program participants must create at least 10 full-time jobs for US citizens in a TEA area or an area with a high unemployment rate.

Types of investment immigration in the US

Direct investment by self-investment

Investors will open a completely new company; buy an existing business; or open a branch or subsidiary to conduct business on their own.

• The basic investment amount is 1,050,000 USD
• Advantages: More control over the investment and the project being invested in.
• Disadvantages: More potential risks for the investor.

Indirect investment or investment trust

Investors will invest indirectly by investing in enterprises; companies; or projects approved by the United States Immigration Service (USCIS).

• The basic investment amount is $800,000;
• Advantages: Helps investors reduce the stress of meeting the program’s requirements;
• Currently, about 95% of EB5 investments are through this form.

Note: Both investment options require the investor to ensure that the project will create at least 10 full-time jobs for U.S. workers.

Application for investment immigration in the US

To apply for an EB-5 visa, investors need to prepare the following documents:

Civil status records

• Passport of the investor and dependents;
• Citizen identification card of the investor and dependents;
• Birth certificate of the user and dependents;
• Marriage status certificate;
• Household registration book with full information of the user and dependents;
• Degree proving the highest degree of the investor and spouse.
• CV of the investor and their spouse.

Note: After the I-526E application is approved by USCIS, in addition to the above documents, investors need to continue to prepare the following documents for the immigration visa application stage:

• Certificate ofcriminal record no. 2 of the investor and dependents over 16 years old.
• Vaccination certificate and Health examination results from designated agencies.
• Interview Invitation Letter sent by the National Visa Center – NVC.

Source of funds and remittance documents

• Documents proving the source of funds and EB-5 project documents: This is an important criterion to ensure the legality of the EB-5 investment.
• Remittance documents: To ensure that there is no violation of Vietnam’s foreign exchange decisions and to meet USCIS requirements.

The main types of applications filed with USCIS

Depending on each stage of the program, users will submit different types of main applications. There will be 4 main types of applications in the EB-5 file that EB-5 applicants need to prepare:

• I-526/I-526E: Official Application for Immigrant Status under the EB-5 Investment Program
• I-829: Application to remove 2-year conditional permanent resident status and Apply for a 10-year green card in the United States

Investment immigration process in the US

Step 1: Find an EB-5 project

Investors need to search and choose an EB-5 project that suits their needs and financial capabilities. They can invest directly in a new commercial enterprise or invest in a Regional Center.

Step 2: Invest the required capital and file the I-526 application

After selecting a project, the investor needs to make the required capital investment and file an I-526E application for an EB5 visa.

The I-526E application will be reviewed by the United States Citizenship and Immigration Services (USCIS).

Step 3: Approval of I-526 application

If the I-526E application is approved, the investor becomes a conditional permanent resident. This means that the investor and his or her family can live and work in the United States while waiting for further processing.

Step 4: Submit the I-829 application

After two years, the investor must file an I-829 application to remove the conditions on permanent resident status. This application must demonstrate that the investment has created 10 jobs for native workers.

Step 5: Obtain US citizenship

After completing the procedures and becoming an unconditional permanent resident, the investor, and his family can apply for US citizenship to become US citizens and enjoy all the benefits of being a citizen.

Some notes when submitting an investment immigration application in the US

• The source of investment capital must be proven transparent, clear, and legal.
• Applicants with a criminal record will be an obstacle in the process of approving a settlement visa. The process of requesting a criminal record exemption will take at least 8 months.
• The initial capital must be committed to be stable for at least 2 years.
• EB-5 does not bring huge profits immediately but is a long-term investment, the income from the project will not be guaranteed for at least the first 2 years.

How long does it take to receive a green card after applying for an EB-5 US visa?

Once the I-526 application is approved and a visa number is issued, the investor can file an I-485 application to adjust the status. Or the applicant can file a DS-260 application to apply for a visa at a U.S. consulate abroad.

Once approved, the investor will receive a 2-year green card, becoming a conditional permanent resident.

The US residency processing time will last from 1 year to 3 years.

Above is all the information about the investment immigration process in the US. If you have any related questions or need legal support on US immigration, please contact Viet An Law for the best support!