EB-5 Visa for the US: Track Your Path to Permanent Residency in America – Investing Abroad News

By Piyush Gupta

The expression “lifeliberty and the pursuit of happiness” in the Declaration of Independence has deep meaning for Americans. Since 1776, this promise has been extended to millions of immigrants around the world. In 2023 alone, 56,000 individuals of Indian origin embraced these values ​​by becoming US citizens. The words of the founding fathers are believed to apply universally, transcending race, creed, ethnicity or origin.

In the United States, Indians enjoy the same freedoms as Americans and often find more opportunities than anywhere else. Many believe that immigrating was not only the right decision, but perhaps the best one they ever made. With unlimited potential, Indians often find favorable opportunities in America. They are highly regarded for their expertise in STEM fields and are increasingly seen as ideal leaders in major US corporations. An inside joke in corporate America humorously asks, “Can we ever have a non-Indian CEO?”

Emigrate to the United States

The lure of opportunity in America continues to attract Indians, whose numbers are steadily increasing. For Indian professionals, the H1B visa remains a popular immigration route. 65,000 H1B visas are issued annually, and in 2023, Indians received 72.3% of them.

Most H1B visa holders aspire to obtain a green card, giving them the freedom to work anywhere and travel free. However, the long wait for a green card on this route is legendary, with many remaining tied to employers and facing travel restrictions for years, if not decades.

Increasingly, many Indians are opting for the EB-5 investor visa to immigrate to the U.S. Unlike the H1B visa, which targets skilled professionals, the EB-5 visa offers investors a direct path to permanent residency. In addition, the passage of the EB-5 Reform and Integrity Act (RIA) of 2022 introduced waived visa categories for EB-5 investors, speeding up petition processing. This reform represents a significant change in how immigration pathways can be navigated, providing a more streamlined approach for those looking to invest in the US economy and finally get a green card.

Advantages of waived visas

The RIA established three categories of “Set-Aside” visas: 20% for investment in rural areas, 10% for projects in areas with high unemployment and 2% for infrastructure projects. These reserved quotas, combined with priority processing for targeted rural employment areas (TEAs), significantly expedite EB-5 petitions for rural projects. This prioritization ensures that investors can secure their visas more quickly, reducing the uncertainty and stress associated with extended waiting periods.

Another advantage of the Set-Aside visa category is the reduced investment requirement. Rural and urban TEAs qualify for a lower investment of $800,000 compared to the standard of $1,050,000. For Indian investors seeking the best opportunities for themselves and their families, the Set-Aside visa categories under the EB-5 program represent an exceptional opportunity. This reduction in the financial threshold makes the program more accessible to a wider range of investors, allowing more people to take advantage of this path to US residency.

EB-5 Visa Waiver: A Solution to Visa Delays

Visa delays currently affect more than a million Indians, including dependents, waiting for professional visas in the U.S. Many face decades-long waits for a green card, leading to significant personal and family challenges. Without green cards, individuals face travel restrictions and higher tuition rates for their children, as many states require out-of-state tuition for the children of professional visa holders. EB-5 Set-aside visas offer a viable solution to these challenges, providing a faster path to residency and easing some of the burdens associated with long wait times.

Provides seed capital, freedom to start business

Investments in EB-5 programs are managed through regional centers, ensuring security. These centers pool capital from multiple immigrant investors and use indirect job creation models to meet the requirement to create at least 10 jobs for US citizens. This structure not only provides seed capital, but also contributes positively to the US economy by stimulating job creation and economic development.

The EB-5 investor program is particularly attractive to Indian entrepreneurs, offering the freedom to start and run businesses without being tied to employers. By launching their ventures, investors can create jobs for themselves and others. This entrepreneurial freedom is a significant draw for many investors, allowing them to pursue their business ambitions while securing their future in the US.

There are many successful EB-5 businesses in the US, such as Saltaire St. Petersburg in Florida and Kindred Resort at Keystone in Colorado. These projects have secured principal, created needed jobs, and put investors on the path to a U.S. Green Card, allowing them and their families to achieve the American Dream. These examples illustrate the tangible benefits and successes that can be achieved through the EB-5 program, highlighting its potential as a powerful tool for personal and economic growth.

Conclusion

Navigating the US immigration system is complex and personal. However, alternative pathways such as the EB-5 Investor Program, particularly following the EB-5 Reform and Integrity Act (RIA) of 2022, provide a viable path to US permanent residence, providing greater control and stability to immigrant investors.

As potential immigrants evaluate their options, it is critical to carefully weigh the benefits and challenges of each path in order to make informed decisions that align with their personal and professional goals. The EB-5 program stands out as a promising option, offering a mix of opportunity, security, and flexibility for those ready to invest in their future in the United States.

(The author is the Vice President, India and the Middle East, CanAm Enterprises)

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