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US EB 5 VISA PROGRAM | US GREEN CARD | US IMMIGRATION | US INVESTOR VISA GETTING RISKS


April 5th, 2023 at 02:53 am

US EB 5 VISA PROGRAM | US GREEN CARD | US IMMIGRATION | US INVESTOR VISA GETTING RISKS

Rich Indian families wishing to immigrate abroad are increasingly using the US EB 5 Investment Visa Program as a strategy. What are the risks involved while getting the US EB-5 visa program and how to manage them?

Get the answers to these and other questions in this article.

US EB-5 Visa Program

The visa program offers eligible investors the chance to acquire US permanent status. By contributing to a neighborhood project that adds at least 10 replete American employment, this can be achieved.

Currently, $800,000 is available for ventures that are located in rural areas or TEAs. 800,000 USD is comparable to around 6.5 crore Indian rupees as of January 2023. The fastest way to receive a US Green Card is the program’s main draw. It ensures that immigrants from different countries have an equal opportunity to succeed in the US.

A green card does away also with the burdensome H1-B lottery system and the requirement for employer sponsorship for employment visas. It also enables one to join smaller organizations and even pursue entrepreneurial opportunities in the US.
After five years, the US Green Card offers a straight route to American citizenship.

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The EB-5 investment is intricate, with many moving elements. If these risks are not understood or managed well, it could lead to a denial of the green card by the US authorities It could also result in loss of the capital invested to get the US EB-5, or in the worst case, both.

How Individuals Can Apply for a US EB-5 Visa

  • Investors can either invest directly in a specific US-based business that creates 10 local jobs or work with a US Citizenship & Immigration Services-approved Regional Center. A licensed organization that invests and creates jobs on behalf of EB-5 investors using a pool of their money.
  • The EB-5 Regional Center Program is the name of the latter approach. When you apply for an EB-5 visa using one of the two procedures offered, the immigration process starts at the same time as the investment phase. The investment made in the capital project may not be returned to you after receiving your US green card, or vice versa.
  • To make sure you secure your US green card as well as get your money back safely, it is important to understand the immigration and the financial risks involved in the US EB-5 Investor Visa Program.
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Conditional Green Card

Within two to three years of filing an EB-5 application, investors often receive a conditional green card. An individual can live, study, work, or even launch their corporation in the US with the aid of a conditional green card.

Two years after acquiring conditional green cards, investors can file a petition to have them changed to permanent ones. They might also request a return on their investment from the project.

US EB-5 Investment Risks

The main immigration risk is the denial of the Conditional Green Card or failure to convert it to a Permanent Green Card. This can, however, be due to the following reasons;

  • First and foremost, the investor’s source of funds is not documented sufficiently to satisfy the USCIS authorities.
  • Also, the project you financed does not meet EB-5 requirements and does not produce 10 jobs on your behalf.
  • Besides that, you fail to satisfy basic residency or travel conditions
  • Additionally, financial risks. Regulations for the EB-5 visa state that the investor’s money must be “at risk.” And also, no guarantees are allowed to be offered to the investor on any return on, or of capital. This means that if you’re not careful while applying for a green card, you can end up losing every penny you put in.
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