The United States migration program

The United States attracts people from all over the globe who seek to reside, invest or conduct business in the country. The country has a complicated visa and residential permit regime and there are a number of categories for obtaining a US Visa.

The EB-5 Investor Visa Program which enables an individual older than 21 years to obtain permanent Resident Status (also called ‘Green Card’) within a very short period of time is the most preferred migration program to the United States of America. The program involves making an investment with one of the following options:

• Creation of a New US Enterprise

a) An investment of $1 million in a new enterprise or an investment of $500,000 if the investment is made in a targeted commercial a rural area or area with high unemployment that is at least 150% of the national average.

b) Creation of employment opportunities for at least 10 qualified US workers as direct employees of the commercial enterprise.

c) Active management of the day to day activities of the enterprise.

• Investment in a Regional Center

a) An investment of $500,000 can be made in a Regional Center. It is a pre-approved investment opportunity provided by the U.S. Citizenship and Immigration Services (USCIS).

b) At least 10 jobs must be created for qualified US workers and the employment opportunities may also be created indirectly.

c) No active management of the enterprise is required.

There are no requirements of any past experience in managing a business, age or any specific language requirements to be eligible for the scheme. However, the investment must be made from legitimate funds.

Citizenship in the United States

An EB-5 investment visa may lead to obtaining US Citizenship by naturalization (N-400) subject to fulfillment of certain conditions:

• Residence within the state or the USCIS district which has jurisdiction over your place of residence for at least three months before the application is made.
• A US Green card holder with residence in the United States for five years prior to the application.
• Must be resident in the United States for a period of 30 months during the 5 years as a Green Cardholder.
• Continuous residence in the United States from the date of application for naturalization to the date of naturalization.
• Ability to read, write and speak English and knowledge of US History and Government system.
• Must take the oath of allegiance to receive the Naturalization certificate.

The duration of the period of naturalization is significantly reduced if the individual is married to a US citizen and subject to the fulfillment of certain conditions.