Individuals occasionally approach me with inquiries such as, “I possess sufficient financial resources, I prefer not to engage in employment, and I desire to reside in Hawaii or California. What options are available to me?“.
The most straightforward route to achieve this objective is through an EB-5 investment. Currently, under the provisions of the rural program, investors may obtain a green card in as little as ten months. Although various investment opportunities exist, I advocate for conservative investments that yield modest returns, as they offer a nearly guaranteed return on investment upon the conclusion of the investment period. The majority of these investments typically span a duration of four to six years and have received approval from the U.S. Citizenship and Immigration Services (USCIS) as valid EB-5 investments.
To reiterate, the EB-5 program is a permanent federal initiative established in 1990 that enables foreign investors to seek U.S. residency by investing in projects that generate employment for American workers. In 1992, Congress established the Regional Center program to streamline the investment process and attract more investors to bolster economic growth. Under the EB-5 regional center program, multiple EB-5 investors may pool their funds to invest in a single venture managed by a USCIS-approved EB-5 regional center. This program has been re-authorized by the U.S. Congress and will remain available to new investors who engage in EB-5 projects prior to 2027.
To meet the requirements of the EB-5 program, an investor must commit either $800,000 or $1.05 million and create a minimum of ten new full-time positions for American workers. The minimum investment thresholds vary based on the project’s location: investments situated in targeted employment areas (TEAs) qualify for the reduced amount of $800,000, whereas projects in other regions require a minimum investment of $1.05 million. There are two primary categories of TEA: rural areas and urban areas with high unemployment rates.
Investing in rural EB-5 projects offers several advantages, including:
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- A reduced minimum investment—projects located in a rural TEA necessitate an investment of $800,000 rather than $1,050,000.
- Priority processing of Form I-526E, resulting in expedited green card approval.
- A 20% visa reserve set aside, decreasing the likelihood of encountering visa backlogs, which is particularly beneficial for individuals born in India or China.
There is currently no backlog for rural projects, even for investors originating from India or China. Furthermore, individuals residing in the United States can simultaneously file for an adjustment of status, obtain a work permit within three to four months, and, in many instances, secure a green card in under a year.
Upon receiving approval for Form I-526E, EB-5 investors residing outside the United States may obtain their initial green cards following a consular interview. Conversely, EB-5 investors already present in the United States on a non-immigrant visa will have their I-485 application for adjustment of status approved, thereby granting them green cards.
Although the initial green cards of EB-5 investors are conditional—pending the future approval of Form I-829—these investors retain the following rights:
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- The ability to reside anywhere within the United States.
- Access to unlimited employment opportunities, including the option to work for any employer, engage in part-time employment, or establish a business.
- The pursuit of academic degrees without employment restrictions.
- Enrollment of their children in public schools, accompanied by a higher admission rate for U.S. colleges and universities.
- Freedom to travel internationally with minimal restrictions.
- The opportunity to experience an enhanced quality of life, bolstered by the political and economic stability