USCIS will release EB-5 regulations in November that will help investors understand how long they must maintain their contributions in the investor program in order to be eligible for green cards.
Investors that make the required investment in a US-based business and create or maintain ten permanent full-time jobs for eligible US workers are allowed to apply for lawful permanent residence and get a Green Card under the EB-5 visa program.
All about EB-5 visa requirement
The EB-5 visa program requires a minimum capital of $1,050,000, whereas the Targeted Employment Area needs a minimum of $8,000,000.
A federal court issued an order in a lawsuit concerning the “sustainment period” for money invested through the EB-5 visa program.
The disputed topic was about the timeframe under which EB-5 investors can withdraw their investments and still qualify for a US green card. The court was considering a case that would have affected EB-5 investors who wanted to make America their permanent home.
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The US District Court for the District of Columbia has decided not to become involved in the current “sustainment dispute” surrounding EB-5 investments.
It further stated that formal regulations outlining the requirements of the EB-5 Reform and Integrity Act will be released for public discussion by November 2025.
USCIS grants the EB-5 investor and their family members provisional permanent residence for a two-year period after they enter the country on an EB-5 immigrant visa.
The Immigration and Nationality Act (INA) establishes the duration of probationary residence for investors.
EB-5 Reform and Integrity Act of 2022
The EB-5 Reform and Integrity Act of 2022 (RIA), which President Biden signed into law, removed restrictions on an investor’s status as a lawful permanent resident and changed the standards for investment upkeep.
In order to understand the new legislative language, the defendant United States Citizenship and Immigration Services (USCIS) released instructions. The investment must be “expected to remain invested for not less than 2 years and investors no longer needed to sustain their investment throughout their period of conditional residence,” in a bid to qualify for EB-5 classification, the USCIS said.
