American EB-5 Visa Processing Issues

By: US Visa Lawyer | Posted: 17th January 2011

This article is merely meant to provide a very brief synopsis about the United States EB-5 Immigrant Investor Visa.

Notwithstanding recent economic turbulence the United States remains one of, if not; the most dynamic economies on Earth. This may be due to the fact that the comparatively superior infrastructure and business opportunities in many jurisdictions of the United States are ideal for investors who are willing to devote time, capital, and resources in a genuine attempt to establish a thriving enterprise. The EB-5 visa was designed for immigrant investors who are willing to make a substantial investment into a qualified enterprise in the United States. Generally, those pondering the option of an EB-5 visa should be prepared to invest a minimum of five hundred thousand United States dollars. In some cases, individuals may opt to invest one million US dollars into what is sometimes referred to as a "non-targeted" investment program.

There are some who posit: "Does the United States of America currently have a Citizenship-through-Investment Program?" The absolutely concise answer to this question is: No. In the USA, it is not possible to receive Citizenship merely through investing capital therein. However, one could argue that the EB-5 visa is a "path to citizenship by investment." This is due to the fact that those participating in the EB-5 Immigrant Investor program receive Lawful Permanent Residence (LPR) if their visa is granted and they are lawfully admitted to the USA. Once in so-called LPR status the immigrant investor may be able to naturalize to United States Citizenship after meeting the eligibility criteria for naturalization and fulfilling the statutory physical presence requirement as stipulated under the provisions of the United States Immigration and Nationality Act (INA).

There is a limit on the number of EB-5 visas which are issued each year. Therefore, those thinking about petitioning for an EB-5 visa are well advised to keep in mind the fact that there are a limited number of visas and try to time the filing of a petition so as to attempt to ensure that processing is not delayed due to a lack of available visas.

Some prospective immigrant investors opt to retain the assistance of an American immigration attorney in order to assist with the EB-5 visa process. American immigration matters can often prove frustrating for those who are unaccustomed to dealing with the different agencies and departments with jurisdiction over different aspects of the process. An American Immigration attorney can provide insight into the overall process and also streamline certain aspects of the compilation of both the Immigration petition and visa application.


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Benjamin Hart is an attorney from the United States of America working primarily in Asia. Contact: 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See:
EB5 visa
or K-1 Visa India.
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Tags: hundred thousand, physical presence, permanent residence, substantial investment, eligibility criteria, immigration and nationality act, immigration and nationality, investor visa, united states immigration