One of the ways to immigrate to the United States is by investing in a U.S. business or project that creates jobs and benefits the economy. This is known as the EB-5 visa program, which grants permanent residency (green card) to foreign investors and their immediate family members.

The EB-5 visa program has two main options: the direct investment option and the regional center option. The direct investment option requires the investor to invest at least $1.8 million in a new or existing U.S. business that creates or preserves at least 10 full-time jobs for U.S. workers within two years. The regional center option allows the investor to invest at least $900,000 in a designated project that is affiliated with a regional center, which is an organization that pools and manages EB-5 investments in a specific geographic area. The regional center option also counts indirect and induced jobs created by the investment, which makes it easier to meet the job creation requirement.

What are the challenges
Immigrating to the United States by investing is not a simple or easy process. There are many challenges and risks involved, such as:

• High cost: The minimum investment amount is very high, especially for the direct investment option. The investor also has to pay additional fees, such as the filing fee, the processing fee, the legal fee, and the administrative fee. The total cost can range from $800,000 to $2 million or more, depending on the option and the project.
• Long wait: The EB-5 visa program is very popular and oversubscribed, which means there is a backlog of applications and a quota of visas available per year and per country. The average processing time for an EB-5 visa application is about two years, but it can take much longer for some countries, such as China, India, and Vietnam, which have a retrogression or a cut-off date that limits the number of visas issued per year. The investor and their family members have to wait until their priority date becomes current before they can receive their green cards.
• Uncertainty: The EB-5 visa program is subject to changes and reforms by the U.S. government, which can affect the eligibility criteria, the investment amount, the job creation requirement, and the regional center designation. The program is also temporary and has to be reauthorized by Congress every few years, which creates instability and insecurity for the investors and the projects. The investor also has to deal with the risk of losing their money or their immigration status if the business or the project fails or does not comply with the EB-5 rules.

What process you need to complete
The process of immigrating to the United States by investing involves several steps and stages, such as:

• Selecting an option and a project: The investor has to decide whether to choose the direct investment option or the regional center option, and then find a suitable business or project to invest in. The investor has to conduct a due diligence to verify the legitimacy, viability, and compliance of the business or the project, and to assess the potential return and risk of the investment.
• Filing the I-526 petition: The investor has to file the Form I-526, which is the Immigrant Petition by Alien Investor, with the U.S. Citizenship and Immigration Services (USCIS). The form requires the investor to provide evidence of their identity, nationality, source and amount of funds, and the details and documents of the business or the project they are investing in. The investor also has to pay the filing fee of $3,675.
• Applying for the conditional green card: After the I-526 petition is approved, the investor can apply for the conditional green card, which is valid for two years and allows the investor and their family members to live and work in the United States. The investor can apply either through the consular processing, which is done at the U.S. embassy or consulate in their home country, or through the adjustment of status, which is done within the United States if the investor is already present there on a valid visa. The investor has to pay the processing fee of $1,140 and the biometric fee of $85.
• Removing the conditions: Before the expiration of the conditional green card, the investor has to file the Form I-829, which is the Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, with the USCIS. The form requires the investor to prove that they have maintained their investment and met the job creation requirement within the two-year period. The investor also has to pay the filing fee of $3,750 and the biometric fee of $85. After the I-829 petition is approved, the investor and their family members will receive the permanent green card, which has no expiration date and grants them the full rights and benefits of a U.S. permanent resident.