The EB-5 program, also known as the Immigrant Investor Program, is a pathway to U.S. citizenship for foreign investors who are willing to make a significant investment in a commercial enterprise in the United States. Established by Congress in 1990, the program was created with the goal of stimulating the U.S. economy through job creation and capital investment by foreign investors. Here’s an overview of how the USA citizenship by investment facilitates the journey from investment to U.S. citizenship.
Initial investment and visa application:
To begin the process, investors must make a significant financial commitment. The EB-5 Program requires a minimum investment of $800,000 if the funds are directed into a Targeted Employment Area (TEA), which includes high-unemployment or rural areas. For investments outside of TEAs, the minimum amount is $1,050,000. This capital must be invested in a new commercial enterprise, which can be a start-up or a business that is expanding or restructuring. The investor must also submit Form I-526, Immigrant Petition by Alien Investor, to the U.S. Citizenship and Immigration Services (USCIS), demonstrating that the investment meets all program requirements.
Obtaining conditional permanent residency:
Upon approval of the I-526 petition, investors and their immediate family members (spouse and children under 21) can apply for conditional permanent residency. This involves filing Form DS-260, Immigrant Visa and Alien Registration Application, at a U.S. consulate if the investor is outside the U.S., or Form I-485, Application to Register Permanent Residence or Adjust Status; if already in the U.S. Successful applicants receive a conditional green card, which is valid for two years. During this period, investors must maintain their investment and continue to meet job creation requirements.
Removing conditions and achieving permanent residency:
Before the two-year conditional residency expires, investors must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. This petition must demonstrate that the investment has created at least 10 full-time jobs for U.S. workers and that the investment has been sustained throughout the conditional period. If USCIS approves the I-829 petition, the conditions on the green card are removed, granting the investor and their family members’ permanent residency.
Path to U.S. citizenship:
With permanent residency established, investors can pursue U.S. citizenship. To qualify for citizenship, permanent residents must meet several requirements:
- Residency requirement: Maintain continuous residency in the U.S. for at least five years.
- Physical presence: Be physically present in the U.S. for at least half of the five-year period.
- Good moral character: Demonstrate good moral character during the residency period.
- English and civics test: Pass a test on English language proficiency and U.S. civics.
