Moving to the U.S. with an EB-5 visa involves the family, not just the primary investor. With approximately 39,883 EB-5 applicants currently waiting for their visas, including EB5 visa family members, it’s clear that the impact of this program extends far beyond individual ambitions.
This blog is designed to guide families through the EB-5 process. We’ll cover how to integrate family members into your immigration plans, explain the steps for filing the I-526 petition for dependents, and offer insights on securing an EB-5 green card for your loved ones. The goal is to help facilitate a seamless and organized transition for your entire family.
Keep reading to explore the necessary steps to ensure every family member is prepared for a new life in the U.S.
What is the EB-5 Investor Program?
The EB-5 Investor Program is a U.S. immigration initiative that allows foreign investors to obtain a green card through investment in a U.S.-based business. By supporting business growth, it aims to boost the American economy and create jobs. This program provides a direct pathway for investors and their families to achieve permanent residency in the United States.
The EB-5 Investment Requirement
Before families begin the EB-5 process, it’s essential to fully understand and prepare for the program’s requirements such as:
Minimum Investment Amount: $1.8 million, or $900,000 if investing in a Targeted Employment Area (TEA), which includes rural or high-unemployment areas.
At-Risk Investment: Funds must be placed “at risk,” with no guaranteed return, meaning the capital is actively involved in the business operations.
Job Creation Requirement: The investment must create at least ten full-time jobs for U.S. workers within two years, demonstrating the project’s impact on the U.S. economy.
Key Steps in the EB-5 Process for Families
Families planning to move to the U.S. through the EB-5 visa program can make the transition smoother by understanding each step. Knowing what to expect and preparing accordingly can significantly reduce stress and help ensure everything goes as planned. The following step-by-step guide outlines the critical stages for EB5 visa family members, helping them stay organized and on track.
Step 1: File the I-526 Petition
The EB-5 investor must first file Form I-526 with USCIS. This form is the initial application that shows how the investment qualifies for the EB-5 program, including evidence of job creation and lawful source of funds. It’s crucial to work with an experienced immigration attorney to ensure all documentation is correct.
Step 2: Wait for USCIS Approval
After submitting the I-526 petition, USCIS will review the application. Depending on the caseload and priority dates, the review process can take several months to over a year. During this period, families should prepare for the next steps, including gathering necessary documents for consular processing or adjustment of status.
Step 3: Apply for Conditional Permanent Residency
Once the I-526 petition is approved, families can apply for conditional permanent residency. This involves either applying for an immigrant visa at a U.S. consulate abroad or filing for adjustment of status if they are already in the U.S. This step grants the investor, spouse, and unmarried children under 21 years of age a two-year conditional green card.
Step 4: Remove Conditions on Permanent Residency
Ninety days before the two-year conditional residency period ends, the investor and eligible family members must file Form I-829 to remove the conditions on their residency. This form requires proof that the investment created at least ten full-time jobs. The conditional status is lifted upon approval, and the investor and their family obtain permanent residency.
Step 5: Apply for U.S. Citizenship
After five years of maintaining a permanent residence, the EB-5 investor and their eligible family members can apply for U.S. citizenship. This step includes passing the citizenship test and fulfilling other requirements such as continuous residence and good moral character.
Curious about why the EB-5 program is considered one of the quickest paths to a U.S. green card? Check out our blog, Why the EB-5 Program is the Fastest Route to U.S. Green Card, for a closer look.
Understanding the I-526 Petition: What EB5 Visa Family Members Need to Know
The I-526 petition is a critical step in the EB-5 process. It serves as the foundation of your application, demonstrating that your investment meets all the program’s requirements. This petition is crucial as it shows the lawful source of your funds and their commitment to the project and proves that your investment will create at least ten full-time jobs for U.S. workers.
Understanding the vital points of this petition is essential for ensuring a smooth path to obtaining your EB-5 green card. Families should know specific truths that will help them navigate this process successfully.
Form I-526 Truths:
- Timing Matters: The petition must be filed while your children are unmarried and under 21. If they turn 21 during the process, they may lose eligibility.
- Evidence of Investment: You must prove your investment meets the EB-5 program’s requirements. This includes showing that your funds are from a lawful source and that they are fully committed to the project.
- Job Creation Requirement: The petition must demonstrate that the investment will create at least ten full-time jobs for U.S. workers. This is a non-negotiable part of the EB-5 process.
- Conditional Status: Approval of the I-526 petition leads to conditional permanent resident status for you, your spouse, and your children. This status is conditional for two years until further proof of job creation and investment compliance is provided.
- Consult an Attorney: Given the complexity of the EB-5 petition, it’s crucial to consult with an experienced immigration attorney. They can help draft the petition accurately and handle any issues.
How EB5 Visa Family Members Can Secure Residency and Transition Smoothly
Learning from practical examples can help one understand how EB5 visa family members can transition smoothly into life in the United States. The story of the Patel family illustrates the steps involved and the importance of planning. They successfully transitioned by focusing on their children’s education and using the resources available to EB-5 immigrant visa holders.
When the Patel family, EB-5 visa dependents, moved to the United States, they focused on ensuring their children, unmarried and under 21 at the time of filing, could adapt to the American education system.
By carefully planning and participating in the EB-5 program, they ensured their children could attend school immediately upon arrival. They also connected with local communities and used resources available to EB-5 immigrant visa holders, such as employment support and guidance on obtaining lawful permanent resident status. This practical approach made the transition easier, helping the entire family settle in quickly and securely.
Discover more about how the EB-5 visa can support your family’s journey in our blog, How EB5 Visas Benefit the Family Unit, where we explore the advantages for spouses and children.
The Benefits of Securing an EB-5 Green Card for Your Family
Securing an EB-5 green card provides significant advantages for your loved ones, giving them opportunities and a sense of security far beyond the initial investment. By obtaining this status, families access a wide range of benefits that enhance their quality of life in the United States. Here are some critical benefits that EB5 visa family members can enjoy.
Here are the benefits of securing an EB-5 green card for your family:
Educational Opportunities
Unmarried children under 21 can access the U.S. education system, often qualifying for in-state tuition rates, which can significantly reduce the cost of college compared to international students, opening up opportunities for their personal growth and development.
Employment Flexibility
With a green card, family members can work in the U.S. without securing an additional work visa, providing job security and empowering them with flexibility in their career choices.
Pathway to Citizenship
After maintaining their lawful permanent resident status for five years, EB-5 visa dependents can apply for U.S. citizenship. This is a significant advantage as it grants full rights and privileges as American citizens, including the right to vote and run for public office. It also provides security and stability, eliminating the need for visa renewals and potential changes in immigration policies.
Travel Freedom
Green card holders can travel freely within the United States and return without needing a separate visa, making it easier to maintain connections with their home country while building a life in the U.S.
Access to Social Services
Family members with green cards are eligible for various U.S. social services, including Social Security and Medicare, ensuring long-term financial and healthcare security as they age.
Explore Eligible Investment Opportunities with Austin EB-5 Now
Making a wise investment through the EB-5 program secures your future and offers significant benefits for your loved ones, from educational opportunities to long-term stability in the U.S.
At Austin EB-5, we connect you with projects that meet the EB-5 program’s requirements, providing a clear path to securing permanent residency for your family.
Contact us today to learn more. Our experienced team is dedicated to guiding you through the entire process, ensuring your investment aligns with your immigration goals.
Frequently Asked Questions
What is the role of a Regional Center in the EB-5 program?
A Regional Center is an organization approved by USCIS to promote economic growth and job creation through EB-5 investments. These centers manage projects that meet EB-5 requirements, helping investors by handling job creation metrics and simplifying investment processes.
Can an EB-5 investment be funded through loans or gifts?
Yes, an EB-5 investment can be funded through loans or gifts, as long as the investor can prove the funds’ lawful source. Documentation is essential to show the money was legally obtained, whether from personal assets, a loan, or a gift.
What is required for a business plan under the EB-5 program?
An EB-5 business plan must outline the enterprise’s goals, market analysis, job creation strategy, and financial projections for at least five years. This plan demonstrates to USCIS that the business is viable, sustainable, and will meet the EB-5 program’s job creation requirements.
