United States

United States Investment Immigration Programs Overview

The United States has one of the world’s most popular residency-by-investment programs. Investors who participate in the EB-5 program must investment a minimum of $800,000 or $1,050,000 in qualified projects and create at least 10 jobs for qualified U.S. workers. Once those conditions are satisfied, investors can look forward to gaining permanent status, with a clearly established onward path to U.S. citizenship. Between 2008 and 2015, over $20,000,000 in foreign direct investment was transferred to the United States through EB-5, creating over 700,000 U.S. jobs, at no cost to the American taxpayer. 

Since 2014, the EB-5 Program has routinely hit its annual cap of 10,000 visas. That’s unfortunately led to a processing backlog that in some cases — especially involving applicants from China and Vietnam and even India — can lead to delays before visas are issued. Another, potentially quicker, option is the E-2 program: though only available to citizens of selected countries, and offering a limited pathway to permanent status, the E-2 visa can offer a faster and lower-cost way for investors to obtain a long-term U.S. visa.

Citizenship By Investment

The EB-5 program doesn’t confer citizenship directly, but after five years as a green-card holder, it’s possible to apply for naturalization as a citizen. Time spent as a conditional permanent resident counts towards the five-year waiting period, and the process is relatively straightforward as long as investors speak English, have maintained a physical presence in the U.S., and can pass a basic test on U.S. history and culture.

The E-2 option doesn’t include a straight-forward path to permanent status, but can be done if properly advised prior to beginning the E-2 visa application.

How To Apply

Applicants for the EB-5 visa must first identify a suitable project, either independently or — in most cases — through a registered broker-dealer or in partnership with a regional center established to pool EB-5 investments to fund large-scale projects. The investment must then be transferred, often into an escrow account, whereupon the investor or their agent can file an I-526 petition to begin their formal application process. The I-526 filing can be complex, and requires both proof that the applicant’s funds were legally acquired and transferred to the EB-5 project, and a detailed description of the funded project, including a business plan showing that enough jobs are likely to be created through the EB-5 investment.

There is often a lengthy delay for I-526 processing; it is not uncommon for processing to last over two to three years.

A successful I-526 petition grants the investor the conditional right to reside in the U.S., subject to consular processing for applicants outside the US, or a successful I-485 petition for applicants already in the US on nonimmigrant visas. Consular wait-times vary considerably from country to country but can take six months of longer.

After consular processing or adjustment of status, applicants receive a conditional green card that can be converted to a permanent green card after two years via an I-829 petition. As part of the I-829 filing, investors must show they have successfully created the requisite number of jobs and sustained their investment continuously since beginning the process.

For EB-5 investors seeking citizenship, naturalization paperwork can be filed 90 days before the fifth anniversary of the issuance of their conditional green card. The citizenship application requires no further investment but does require that the investor show fluency in English and pass a simple civics exam. Once the I-829 petition is approved, the naturalization process can be finalized.

Mobility

A green card doesn’t provide mobility benefits, other than the right to reside in the United States, and residents who take lengthy trips outside the US risk being deemed to have abandoned their US residency and forfeited their green card. For investors who gain citizenship, a US passport is one of the strongest in the world, providing visa-free travel to 176 countries.

Country

For many of the world’s people, the United States remains a “shining city on a hill,” and is perceived as a bastion of personal liberty and economic opportunity. The United States is a vast country, with vibrant cities, sprawling agricultural belts, and resurgent post-industrial areas where new arrivals can find affordable homes or attractive investment opportunities. American higher education and healthcare are top notch, the economy is strong and diversified, and the country remains welcoming to investors who hope to secure their own piece of the American dream.

Updated by Joseph Barnett and staff

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