Which country should an EB-5 investor with dual citizenship apply from?

There are very few differences between applying for an EB-5 investment visa from one country or another. However, there are certain countries that have restrictions on things like funds transfers, stricter source of funds requirements, longer consular processing times, etc. Each potential investor’s situation will be unique to them and their circumstances. For visa availability purposes, an investor’s country of chargeability is used to determine their eligibility for an EB5 visa. Because the country of chargeability is determined by an investor’s country of birth, applying from a different country has no bearing on an investor’s visa eligibility.

Investors with dual citizenship may decide to apply from one country over another due to restrictions on funds transfers and source of funds burdens. For example, some countries in Africa, Asia, and the Middle East impose restrictions on the management of U.S. currency within their jurisdictions. This can make it difficult to provide source of funds documentation and invest the necessary capital into an EB5 project. While it is still possible for EB5 applicants from these countries to meet EB-5 funding requirements, it can be challenging to navigate.

For investors going through consular processing, the country they apply from can affect certain aspects of the consular process. When consular processing, investors apply for an EB5 visa and attend a visa interview at the U.S. consulate in the country they apply from. Standard procedure, timeline, and costs can vary between consulates, so investors may decide to apply from a certain country due to a more favorable consular process.

For investors with dual citizenship, it is recommended to retain the counsel of an immigration lawyer who can help guide them through the process and decide which country is best to apply for an EB5 visa from. Doing so can minimize immigration risk and best ensure a smooth EB5 investment process.