Who Should Immigrate Using EB-5?
EB-5 investors include people from all walks of life: professionals, business people, parents wanting to facilitate a child’s education, and retirees. EB-5 investors may continue to work or operate businesses in their native countries; however, since the EB-5 visa permits employment in the U.S., many EB-5 investors become involved in American businesses. EB-5 investors are not required to work, therefore investors can choose to travel throughout the United States without restriction or maintain dual residences in America and their native home. Of any employment-based visa, the EB-5 visa gives the investor the greatest flexibility to do what they want in the U.S.A.
What is a “conditional” Green Card?
A conditional green card is a temporary green card valid for two years. One year and nine months after it is issued, a three-month window opens up during which an individual must file another application with the USCIS to verify that all of the funds have been invested and employment created. When the conditional resident status has been lifted, permanent resident status is granted with the option to pursue U.S. Citizenship.
What documents must I prepare to process my investor Green Card petition?
With the help of an attorney, you must prepare complete biographical information and must prove the source of the investment funds. To prove the source of investment funds, USCIS requires personal and business, if any, tax returns, proof of ownership in any businesses and business licenses. If your capital came from a specific transaction, such as sale of a house, inheritance or gift, you must prove the transaction occurred by providing an official document, such as a closing statement or contract. Other documents may be required and vary on a case-by-case basis.
Must I live in the United States?
The first requirement of any investor after they receive the visa at the United States overseas consulate office is to enter the United States within 180 days of visa issuance. The investor must then establish residency in the United States. Evidence of intent to reside includes opening bank accounts, obtaining a driver’s license or social security number, paying state and federal income taxes, or renting or buying a home. Generally, all permanent residents must remain in the US for more than 6 months each year, unless they obtain a reentry permit, or they may be deemed to have abandoned their permanent residence status. A green card holder is entitled to live and/or be employed permanently in the United States with entitlement to all the protections of its laws.
Must I stay in the United States at all times after I become a Permanent Resident?
No. A green card holder may travel outside the United States, provided they do not remain outside the United States for more than one year without obtaining a reentry permit or returning resident visa. You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a re-entry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
A green card holder can travel freely to and from the United States. A passport from the country of citizenship is normally all that is needed. To reenter the U.S., a Permanent Resident normally needs to present the green card for readmission. The law provides that you are free to travel abroad, provided that your trip is “temporary.” Generally, the USCIS views any absence from the United States for longer than six months as not temporary. Thus, it is advisable to obtain a “re-entry permit” before your departure.
Frequently Asked Questions
What is The American Regional Center?
The American Regional Center (ARC) is a full-service EB-5 regional center designated by U.S. Citizenship and Immigration Services (USCIS). ARC offers tailored real estate investment opportunities in the San Antonio area to foreign-immigrant investors. We utilize the special business and legal skills of our excellent team to deliver the highest level of customer satisfaction.
Can I live /immigrate anywhere in the United States?
Yes, the EB-5 investors and their families may choose to live anywhere in the United States.