The United States, stretching from Canada in the north to Mexico in the south, offers applicants a path to pursue their version of the American dream. One of the most populous countries globally, it hosts over 330 million residents who consider themselves fortunate enough to live in a nation that exhibits remarkable cultural and geographical diversity represented by their unique individual identities while remaining part of one united nation.
- Birthright Citizenship: Children were born in the United States to parents who are U.S. citizens or lawful permanent residents who automatically become U.S. citizens.
- Naturalization: A person should be eligible to apply for naturalization to become a citizen of the United States if they have been legally admitted to the United States as a permanent resident and have resided in the country for a specific duration.
- Derivative Citizenship: Children of U.S. citizens born outside the United States may be eligible for derivative citizenship when they reach 18 years old birthday.
- Citizenship through Marriage: Foreign nationals married to U.S. citizens may be eligible for citizenship through a legal procedure called marriage-based naturalization.
- Citizenship through Military Service: Members of the U.S. armed forces and their dependents may also be eligible for expedited naturalization.
It is noteworthy to consider that each option has some specific eligibility requirements; for this reason, obtaining citizenship can be quite complex.
Steps and Timeline for Acquiring American Citizenship Through EB-5 Investment
It is noteworthy to consider that each option has some specific eligibility requirements; for this reason, obtaining citizenship can be quite complex.
- Initial Investment
- I-526 Petition Submission
- I-485 Status Adjustment
- Eliminating Residency Conditions
- Naturalization
- Initial Investment: Invest in a suitable United States commercial venture from $800,000 to $1.05 million, depending on the region’s employment or rural status.
- I-526 Petition Submission: File an I-526 petition with USCIS, providing evidence of your investment and its legal origins.
- I-485 Status Adjustment: Upon I-526 petition approval, candidates in the United States with a valid nonimmigrant visa can submit an I-485 application to change from a conditional to a lawful permanent resident while overseas candidates file Form DS-260 at the National Visa Center and then attend an interview at the local United States Consulate.
- Eliminating Residency Conditions: As a conditional permanent resident for two years, you can petition to remove these conditions by demonstrating that your investment has created or will create a minimum of 10 full-time U.S. worker jobs.
- Naturalization: After completing five years as a lawful permanent resident, you can consider applying for U.S. citizenship through naturalization.
- Under the EB-5 Immigrant Investor Program, investors can apply for permanent resident status by investing in a commercial venture in the US and creating or maintaining ten permanent full-time jobs for US employees. Investors can either invest directly in a business, known as the Direct EB-5 method, or through USCIS-designated regional centers, known as the Regional Center EB-5 method, a method more popular accounting for over 95% of EB-5 applications. The firm receiving the investment must engage in for-profit business activity and produce goods or services that benefit the US economy while creating at least ten full-time jobs.
- The EB-5 Reform and Integrity Act of 2022, signed into law on March 15, 2022, reauthorizes the EB-5 Regional Center Program for five years and provides stability to the Program. The provisions of the Act include:
- Past investors can now have their petitions processed by the USCIS, while the new Program requirements apply only to new I-526 petitions.
- A minimum investment amount of $800,000 for TEA and infrastructure projects and $1,050,000 for non-TEA projects will adjust for inflation every five years.
- The source of funds requirement applies to the capital investment and any associated fees, including USCIS filing fees.
- With The Targeted Employment Area (TEA) redefined to include rural areas, high unemployment areas, and infrastructure projects, the Secretary of Homeland Security has the discretion to include directly adjacent areas to the project’s census tract to satisfy the unemployment criteria.
This reform provides more clarity and stability to the EB-5 Program while requiring a higher investment and stricter compliance with the source of funds requirement.
For a more elaborate description of the EB-5 program we recommend you visit our sister website www.americaeb5visa.com.
Performance Guarantee:
A performance guarantee is a security measure often needed for specific visa categories, like construction visas (e.g., H-1B visas) or investment visas (e.g., EB-5 visas) in the United States. This guarantee’s objective is to make the visa holder comply with the obligations mentioned in their visa application and not violate the visa’s terms. Performance guarantees can be in various forms, such as bonds, letters of credit, or other financial securities. The precise requirements for performance guarantees differ based on the visa type and the visa holder’s unique situation. In essence, the performance guarantee offers a financial safety net for the government if the visa holder does not adhere to the visa’s terms. The government can then use the funds from the performance guarantee to compensate for any costs or damages resulting from the visa holder’s non-compliance. It’s important to note that obtaining a performance guarantee can be complicated and costly, with specific requirements and procedures varying based on the visa type and individual circumstances.
