Did You Know: You Can Buy Citizenship In The U.S.?

Citizenship by investment programs are available in many countries. An EB-5 visa can be your ticket to U.S. citizenship.

The EB-5 visa is a US residence by investment program that grants a lawful permanent resident Green Card in exchange for a substantial investment in a new commercial enterprise that creates U.S. jobs.

After five years of lawful permanent residence, Green Card holders can apply for U.S. citizenship.

In this article, we will be explaining what an EB-5 visa is, as well as how the EB-5 process works.

The EB-5 Visa – Your Ticket to U.S. Citizenship

An EB-5 visa is a U.S. Green Card issued through the EB-5 Immigrant Investor Program. EB-5 stands for “employment-based fifth-preference” visa.

An EB-5 Green Card grants lawful permanent residence in the United States. An EB-5 visa is the fastest, yet most expensive way to obtain U.S. citizenship.

In exchange for a single passive financial investment, a foreign investor, their spouse, and all of their unmarried children under the age of 21 can obtain U.S. Green Cards granting lawful permanent residence through the EB-5 Immigrant Investor Program. No employer or family visa sponsor is required.

Foreign nationals may apply for U.S. citizenship after five years of established permanent residence in the United States.

Nearly any accredited foreign investor with a clean background can apply for U.S. permanent residence, and eventually U.S. citizenship, through the EB-5 Immigrant Investor Program. Investors do not have to demonstrate “extraordinary ability” to apply. They do not need to have a permanent job offer or skilled work experience. No employer or family sponsor is required for the EB-5 program.

An EB-5 visa is intended for foreign nationals who are accredited investors with a net worth of at least $1,000,000 or an income of $200,000 for at least the last two years. Investors must have enough capital liquidity to afford a substantial investment, as well as USCIS filing fees, administrative fees, and attorney fees.

Investment funds must be lawfully sourced. Investors and their eligible family members must be able to pass routine criminal, financial, and political background checks.

Why Is Investing in the U.S. Economy With an EB-5 Visa a Great Idea?

In addition to qualifying a foreign family for both U.S. Green Cards and U.S. citizenship, an EB-5 investment itself can also be extremely profitable.

Congress created the EB-5 Immigrant Investor Program in 1990 to “to stimulate the U.S. economy through job creation and capital investment by foreign investors”. United States Citizenship and Immigration Services (USCIS) has administered the EB-5 program since 1992.

The United States is the largest economy in the world and one of the most politically stable nations in the world. Investing in a new U.S. business can be a lucrative venture, providing foreign nationals steady returns.

What Are Investment Requirements for U.S. Citizenship Via the EB-5 Visa?

In order to obtain a U.S. passport, a foreign national will need to invest $800,000 in a new business located in a targeted employment area (TEA).

A targeted employment area is a geographic location in the United States that is either rural or experiencing high unemployment.

The lowered minimum investment amount for EB-5 projects located in TEAs is meant to encourage investment in underserved communities. If an EB-5 investment project is located outside a TEA, the minimum investment is $1,050,000.

An EB-5 investment must be made in a new commercial enterprise (NCE). The investment must create at least 10 permanent full-time jobs for U.S. workers, lasting at least two years.

All capital used in the EB-5 process– for investment, filing fees, administrative and immigration attorney fees—must be lawfully sourced, even if gifted or inherited. The investment capital must be financially “at risk” for at least two years with no guarantee of return.

What Are the Steps Required to Apply For an EB-5 Visa?

It takes approximately five to seven years to obtain a Green Card through the EB-5 visa program.

There are several steps required to obtain an EB-5 visa. In short, an investor must make the initial investment, and then prove that permanent jobs have actually been created and sustained over time.

Intended job creation must be detailed on the initial immigration application and proven on the final form to remove conditions from the investor’s conditional Green Card.

Make an Investment

A foreign national must invest at least $800,000 in a new commercial enterprise located in a TEA that creates at least 10 permanent full-time jobs.

Investors can make a standalone or “direct investment” by themselves, or pool their money with other EB-5 investors through a USCIS-sanctioned EB-5 regional center. EB-5 regional centers can safely connect foreign investors with trusted EB-5 projects available for investment.

Standalone or direct investors may only count full-time workers employed directly by the NCE towards their required minimum of 10 permanent jobs. Regional center investors may also count indirect and induced jobs sustained by doing business with the NCE, such as vendors or local businesses.

An EB-5 investor also must work in the daily management of the NCE. Direct investors must take a more direct managerial role. Regional center investors can satisfy this requirement by simply being a board member or similar.

File an Immigration Petition

After investing, foreign investors must file an immigration petition with USCIS, providing evidence of their lawfully-sourced qualifying investment and job creation.

Direct investors file Form I-526, Immigrant Petition by a Standalone Investor. Regional center investors file Form I-526E, Immigrant Petition by a Regional Center Investor.

Form I-526 / I-526E has a filing fee of $3,675.

An additional, separate $1000 fee is also required, to support the EB-5 Integrity Fund in the U.S. Treasury. Immigration attorney fees will also apply, as will any administrative fees incurred.

Form I-525 or I-526E can take several years to process, depending on demand and the availability of visas. In FY 2023, the median processing time is nearly 4 years, though real wait times are often less.

Conditional Permanent Residence

Once an investor’s I-526 or I-526E petition is approved, they will be granted two-year conditional permanent resident status.

As a conditional Green Card holder, an investor, their spouse, and unmarried children under 21 can all live, work, and study anywhere in the United States during this time.

Investors already legally residing in the United States on a different visa, such as the H-1B, can file Form I-485 to adjust their visa status at the same time that they file their I-526 or I-526E petition.

Form I-485 has a filing fee of $1,140 for adults, and $750 for children under 14 applying with a parent. A separate $85 biometrics services fee for fingerprinting is also required. Children under 14 or adults over 79 do not pay the biometrics service fee.

The median processing time for I-485 petitions is 9.5 months in FY2023.

Investors living outside of the United States must file Form DS-260 with the U.S. Department of State to receive their initial immigrant visa from their local U.S. embassy or consulate. They must wait to receive I-526 /I-526E approval from USCIS before filing Form DS-260.

Form DS-260 has a filing fee of $325. Applications are usually processed in two to three months.

Conditional permanent resident status last two years, but can be extended until Form I-829 approval (see below).

Permanent Residence & U.S. Citizenship

In the last 90 days of an investor’s two-year conditional permanent residency, they must apply to remove conditions from their Green Card.

Investors must file Form I-829 with USCIS to prove that their investment met all the requirements of the EB-5 program, especially that the investment created and sustained at least 10 permanent full-time jobs for U.S. workers lasting at least two years.

Form I-829 has a filing fee of $3,750. A separate $85 biometrics services fee is also required.

The median processing time for I-829 petitions is less than four years in FY2023, meaning half of all investor petitions are processed faster.

Once the I-829 petition is approved, the investor, their spouse, and their unmarried children under 21 will have conditions removed from their Green Cards. They will now be full permanent residents of the United States.

After five years of established permanent residence (this includes the two-year conditional residence), Green Card holders may apply for U.S. citizenship by submitting Form N-400, Application for Naturalization. This application can be filed online.

The Benefits of Becoming a U.S. Citizen

U.S. citizenship confers even more benefits than lawful permanent resident status.

U.S. citizenship prevents deportation. Lawful permanent residents are deportable in cases of criminal conviction or other activities. U.S. citizens cannot be deported.

U.S. citizens can also petition for the immigration of additional family members such as their aging parents or married adult children. Lawful permanent residents may only apply for their spouses and unmarried young children.

U.S. citizens may vote in U.S. federal, state, and local elections. Lawful permanent residents cannot vote in the United States.

Studies have also found that U.S. citizens tend to earn 50 percent or more economically over noncitizens. Citizens are also eligible to hold U.S. government jobs.

Lawful permanent residents may only travel outside of the United States for up to one year at a time. U.S. citizens have no restrictions on their travel.

Points to Remember

An EB-5 investment is a real investment that carries the possibility of real financial risk or real reward. Although an EB-5 visa is an expensive undertaking, it is a proven route to a U.S. Green Card and eventually U.S. citizenship.

EB5AN has helped more than 2,300 families from over 60 countries to achieve their dream of lawful permanent resident status in the United States through the EB-5 Immigrant Investor Program. Many of these families have gone on to apply for U.S. citizenship.

For more information on how you can become a U.S. citizen through the EB-5 program, schedule a free consultation with EB5AN or email us at info@eb5an.com.