EB-5 Visa: How does the immigrant investor program benefit students?

• Written by Mudit Handa

  Reviewed by Akhil Pillai

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The United States is a global hub of information technology. The country is the abode of Silicon Valley, the much-coveted destination for IT aspirants and business visitors. Starting a business in the US is a long-cherished dream for many. Investing in a US business can be a lifetime opportunity. However, understanding the essential eligibility criteria for becoming an immigrant investor in the US is crucial. The most fundamental requirement for immigrant investors is the EB-5 visa.

This article will explain the EB-5 visa, its requirements in detail, and the process of obtaining an EB-5 visa green card.

What is an EB-5 Visa?

The EB-5 visa is a type of US visa for immigrant investors. EB-5 stands for Employment-Based Immigration: Fifth Preference. Under the EB-5 program, investors, their spouses, and their unmarried children under 21 years of age can apply for lawful permanent residence.

What are the Eligibility Criteria for an EB-5 Visa?

The eligibility criteria for an EB-5 visa include the following:

• Invest a minimum amount in a US-based business enterprise,
• Create the minimum required jobs for American employees, and
• Maintain the investment for a specified time frame.

What is the minimum investment amount required for an EB-5 visa?

The minimum limit of investment required for an EB-5 visa is given below:

• $800,000 for investments in a Targeted Employment Area (TEA).
• However, the minimum investment is $1,050,000 for investments outside of a TEA.
• Additionally, the EB-5 visa requires creating 10 jobs for U.S. workers.

What are the benefits of obtaining an EB-5 visa?

Some potential benefits of obtaining an EB-5 visa are listed below:

• The EB-5 visa provides a pathway to U.S. citizenship for immigrant investors and their families.
• The EB-5 visa allows holders to live, work, and study anywhere in the United States.
• The EB-5 visa may also provide educational benefits to the children of visa holders.

How Does the Immigrant Investor Program Benefit Students?

The EB-5 visa is an immigrant investor program. It does not directly provide any educational benefit to the visa holders. However, it may offer educational benefits to the children of visa holders. The investor program offers educational benefits to the children of visa holders through:

1. Access to Quality Education: The program enables visa holders to invest in their children's education by providing access to quality schools and universities, with the key objective of helping students receive a higher education in the US to gain necessary skills and expertise.
2. Financial Aid: The EB-5 investor program aims to provide financial aid to visa holders who need assistance with their children's education, including concessions in tuition fees, accommodation costs, and other expenses during higher education in the US.
3. Pathway to Citizenship: The program may also provide a path to Permanent Resident (PR) status for children of visa holders, allowing them to remain in the country after graduation and pursue citizenship.

What are the EB-5 Visa requirements?

Given below are the essential requirements to get an EB-5 visa:

• Minimum Investment: A key eligibility criterion for an EB-5 visa is the minimum investment in a US-based business. This is currently $800,000, or $1,050,000 if investing outside of a Targeted Employment Area (TEA).
• Job Creation: The EB-5 visa requires creating 10 jobs for U.S. workers, in addition to the investment.
• Maintaining Investment: Maintaining the investment in the specified US-based business for a defined period is crucial.
• Legal Compliance: Foreign investors must prove their credibility, invest in a legitimate enterprise, demonstrate lawful sources of funds, and fulfill all legal obligations to adhere to program guidelines set by the U.S. Citizenship and Immigration Services (USCIS).

How to Get the EB-5 Green Card?

Based on the provided context, here's a simplified outline of how to pursue an EB-5 Green Card:

• Investment: Make a qualifying investment in a U.S. commercial enterprise. The amount varies, but typically $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA.
• Job Creation: Your investment must create 10 full-time jobs for U.S. workers.
• Application: File Form I-526, Immigrant Petition by Alien Investor, with U.S. Citizenship and Immigration Services (USCIS).
• Conditional Residency: You and your immediate family can get conditional permanent residency (a Green Card) if approved.
• Investment Timeframe: To fulfil the job creation requirement, you must keep your funds invested in a US enterprise for at least 2 years, given that your invested capital must remain "at risk" in any new commercial firm.
• Remove all Conditions: An essential requirement for a permanent EB-5 Green Card is Form I-829. This form is also known as the Petition by Investor to Remove Conditions on Permanent Resident Status. It substantiates that your investment met the job creation requirements.
• Crucial Take: It's vital to consult with an immigration attorney for personalised guidance. EB-5 regulations are complex and subject to change. 

You know how to get permanent resident approval with your EB-5 Visa from the above. 

When planning to travel to a distant country like the US for business purposes, you must be well-prepared against emergencies. Hence, you must cover your US trip under a comprehensive travel insurance policy.

Make your US Business Trip Stress-free with Travel Insurance

Travelling to the US can be an excellent opportunity to explore new business avenues. However, you must be extra cautious regarding your health and travel-related risks. A travel insurance plan covers your emergency expenses and serves as proof of your financial support, which can increase the chances of approval of your immigrant investor’s visa application. Though travel insurance is not compulsory for getting an EB-5 visa, it's highly recommended when travelling to the United States. Medical expenses in the US can be exorbitantly high. Your travel insurance policy can cover such costs in case of illness, injury, or medical emergencies. Besides, your travel insurance can reimburse you for non-refundable expenses, such as accommodation costs, if you cancel or cut your trip short due to a medical emergency. Travel insurance can give you peace of mind and financial protection during your overseas business trip.

>> Also Read: What is a J-1 Visa?

Disclaimer: Plan features, benefits, coverage, and claims underwriting are subject to policy terms and conditions. Kindly refer to the brochure, sales prospectus, and policy documents carefully.