EB-5 Program: the immediate solution for temporary visa holders to maintain residence in the US

One of the most complex procedures in relation to immigration to the United States is going from a temporary immigration status to a permanent one, which has become a real problem for holders of study and work visas, among others. We present you with a fast and safe option to obtain permanent residence (or Green Card).

The EB-5 Immigrant Investor Program is one of the most used methods by investors to obtain the Green Card. But currently, it is also an object of interest for holders of different types of temporary visas in the US.

This is because, being temporary, they have an expiration date in which the bearer loses their status and must return to their country of origin. Without the possibility of exercising what they have learned, in the case of students with F-1 visas, or of continuing their careers in the United States, in the case of workers with H-1B visas.

For the latter, the scenario is even more complex, since if they lose the job for which they obtained the visa, they only have 60 days to find a solution or they will have to leave the country irretrievably.

The US is known for having the best universities in the world and, thanks to globalization, more and more international students are interested in traveling to this country to study there.

In addition, it is fertile ground for the development and evolution of hundreds of jobs, which is why it is also a coveted goal for professionals from other countries who want to boost their careers.

For them, the EB-5 Program is a real option to obtain a permanent immigration status in the US, granting the Green Card to almost all of the applicants who complete the process correctly.

Adjustment of immigration status thanks to the EB-5 Program

When a student manages to qualify to study at an American university, they are granted the F-1 visa for international students.

However, when those interested finish their studies, a very complex process begins to be able to remain in the United States and perform in their careers, which often ends with the student returning to their country of origin, without the possibility of exercising what they have learned.

On the other hand, professionals from different fields –but from specific countries– can be sponsored by US companies to contribute their knowledge to their development, who are granted the H-1B visa.

But as we mentioned before, it is a temporary work visa, so once the employment relationship ends, the worker will be obliged to regularize his situation in just 60 days.

With the EB-5 Program, H-1B/E-2/L-1/F-1/J-1/O-1/B-1 and B-2 visa holders have the option to adjust their immigration status immediately after making the structured investment to the program, obtaining the Green Card.

What allows to study and work without problems in the country. For H-1B visa workers, sponsorship from an employer is not required, so you can personally choose the state or city to work in the US.

Benefits of the EB-5 visa for students:

• Green Card: Permanent stay and possibility to continue studying anywhere in the US.
• Access to world-class academic universities with discounts on state tuition.
• Unlimited career options after graduation.
• No employer-sponsor requirement.
• No travel restrictions.

Benefits of the EB-5 visa for workers:

• Green Card: Permanent stay and the opportunity to work and live anywhere in the US.
• No rollbacks: There is no option to lose status unless for legal reasons.
• It is a process that usually takes place in the determined time, without delays.
• Current priority dates.
• Protection and coverage for immediate family, spouse and children under 21 years of age.

Process to obtain the Green Card in the EB-5 Program

The EB-5 Program grants permanent residence in the US to those who make a specific investment, their spouses and unmarried children under the age of 21, as long as the investment is structured under certain conditions.

These conditions are determined by the United States Citizenship and Immigration Service (USCIS) and their compliance is in charge of the so-called regional centers, government entities created to promote economic growth and ensure compliance with immigration laws.

Currently, to apply for a Green Card for investment, the first step is to locate a project with the requirements established in the program. Then, the investor must hire an immigration attorney to apply to enter the program, completing Form I-526.

In this step, the interested party must make an initial investment in addition to making the origin of the capital used transparent, for which they must have a legal source and route of funds.

The next step is, once the first form is approved, to present a second document known as Form I-485 that will allow obtaining immigration status to reside in the US while obtaining the Green Card.

Once this period has elapsed, the investor is now in a position to adjust his immigration status from “non-immigrant” to “permanent resident”. Procedure that is recommended to carry out through a lawyer.

The average time to obtain a Green Card is 2 to 3 years. But the program offers a two-year conditional residence status to those who are approved to apply for permanent residence, and can wait for the arrival of the residence card within the United States.

EB-5 Financial Return on Investment

EB-5 investors must be sure that the capital used will be fully returned, offering increasingly attractive rates of return within the market.

The process begins with the corresponding capital investment. Then, throughout the entire process, the investor will receive fixed annual returns in dollars.

And finally, once the project selected for the program is finished, the investor will be granted a distribution of benefits in addition to what has already been obtained.

Investing in BAI Capital is investing in the United States

With a presence in the real estate sector in the states of Florida, Texas and New York, BAI Capital specializes in generating value from the acquisition of land to the development of mixed-use projects, such as residences for the elderly, student residences, multifamily buildings. for rentals and mixed use, including condos and retail.

Our mission is to safeguard the capital of the partners and the own capital under the minimum risk exposure. With a safe development and going through all the stages: Land purchase, adjustment of urban zoning, commercial vision in architectural development and management of building permits. Then, we take charge of the capitalization, construction and exit with return of the capital and profits to the partners.

In this way, we guarantee fixed and stable returns for your client portfolio. In addition to having a confidential work protocol with encrypted web forms. Use of protected personal data and private meetings with our agents throughout Latin America.

You already knew the immediate solution for temporary visa holders to maintain residence in the US. If you are looking to protect your capital from inflation through investments with returns in dollars, or invest in projects that qualify for the EB-5 investor visa to get a Green Card, complete our form and an agent will contact you.