EB-5 Investor Visa in the U.S.A. – Q&A’s
How Does an Investor Visa Allow Your Family to Move to the U.S.?
An investor visa allows you to bring your spouse and minor, unmarried children under age 21 to live, work and go to school in the U.S. Once you receive your permanent green card after the two year conditional residency requirements, qualifying family members also receive permanent residency. Keep in mind that only legal spouses qualify, as the investor visa program does not recognize common law marriages. The investor visa allows you to live anywhere in the U.S.
Does an Investor Visa Allow You to Study in the U.S.?
An investor visa allows the investor, spouse and unmarried children under age 21 to study in the U.S. The investor and family members also have no restrictions on working while attending school. For this reason, many wealthy families are using the investor visa program, so their children may attend a U.S. college or university and obtain a permanent green card after graduation. A green card makes a non-citizen graduate much more attractive to employers in the U.S.
Can You Leave the U.S. After Receiving an Investor Visa?
After receiving an investor visa, you may travel outside of the U.S. for business or pleasure for less than six months in a year. If you wish to stay abroad for more than six months in a year, you must apply for a re-entry permit. You cannot stay outside of the U.S. continuously for more than one year if you have an investor visa.
Keep in mind that if you are applying for U.S. citizenship, your physical presence in the U.S. is required for at least 30 months of the previous five years. Time spent out of the country during the investor visa period could affect the time frame for U.S. citizenship eligibility.
Can Anything Disqualify Me Once I Receive an Investor Visa?
Not many things can disqualify you once you receive an investor visa, but there are exceptions. If you are arrested and convicted of a crime, that is generally a disqualifying event. If you develop a major medical issue, that could also disqualify you. However, if you have current medical insurance, or you can prove that you or others will pay for your medical needs and you will not require government payments for your condition, a major medical situation need not prove a disqualifying event.
Do I Automatically Receive Permanent Residency After the Two Year Period?
You will receive permanent residency once the USCIS approves your Form I-829, “Petition by Entrepreneur to Remove Conditions on Permanent Resident Status,” which you must file within three months of the expiration date of your conditional green card. You must provide documentation showing that you made the required EB-5 investment amount, and that 10 fulltime American jobs were created. If your Form I-829 is approved, you will be granted permanent residency. If you are not approved, you will not receive a green card and must return to your home country.
Are There Health Requirements for Receiving an Investor Visa?
Yes, you must undergo a medical examination performed by an authorized panel physician. You must also provide your vaccination records to show you are current on all required vaccines, which consist of:
- Hepatitis A
- Hepatitis B
- Influenza type b (Hib)
- Tetanus and diphtheria toxoids
If your vaccination record is incomplete or unavailable, the panel physician will help you with your required immunizations.
Once you are ready to file your Form I-829 to receive a green card, you must also undergo a medical examination performed by a USCIS-designated civil surgeon. That also requires the filing of Form I-693. The results of your examination are only good for one year, so make sure to submit the results as soon as possible.
What are the Business and Educational Requirements for an Investor Visa?
The EB-5 visa process does not require any prior business experience or specific educational level for an applicant. However, you must have the required amount of funding for either a Regional Center or direct investment, and you must prove that all of these funds were obtained legally. You may also use funds gifted to you, as long as you can show the funds came from a legitimate source and all required taxes have been paid.
What Happens If I Have Been Rejected Previously for a U.S. Visa?
Whether or not you are eligible for an investor visa after a previous U.S. visa rejection depends upon the reason for the rejection. If you were rejected due to fraud or some other type of criminal activity, or any of the other grounds of removability, you are not eligible for an EB-5 visa. It is critical that you let your immigration attorney and the Regional Center know of any prior U.S. immigration issues. Share any medical or criminal history before submitting your application.