Why might a foreign national want to pursue the EB-5 Program?

The primary reason for anyone to pursue an EB-5 visa is to obtain permanent resident status in the United States. Exactly why a foreign national might choose the EB-5 program over some other means of immigration will depend on their individual circumstances. However, the EB5 program offers a variety of benefits that may be unavailable through other visas. To begin with, an EB5 visa-holder can live, work, and study anywhere in the United States. While some investors may have to remain near their investment project, this is only necessary during the two-year investment period when EB5 program requirements must be fulfilled.

The EB-5 program offers one of the few direct paths to a green card. With other investment-based visas — like the E-2 visa, which only grants non-immigrant status — this is not the case. Additionally, the EB-5 visa can facilitate the path to permanent resident status faster than other types of visas and green cards. The conditions of the conditional permanent residence green card can be removed after two years. EB5 visa-holders can also apply for U.S. citizenship after only five years of maintaining permanent resident status.

Certain visas require the holder to be sponsored by a U.S. employer or family member. However, this is not the case for the EB-5 visa. An EB-5 investor essentially acts as their own sponsor.

The primary purpose of an EB5 investment is obtaining a green card, not making a profit. As such, the main consideration of any EB5 investor should be the immigration aspect of a project, not its earning potential. However, while not guaranteed, a return on investment (ROI) is possible. The rate of return will depend entirely on the specific details of the investment.

Through the EB-5 program, immediate family members of the investor — meaning their spouse and unmarried children under the age of 21 — can qualify as dependents. This allows an investor’s family to obtain EB-5 visas as well. Moreover, an investor’s children will have access to the U.S. education system

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