Do investors have to immigrate to the USA after receiving an EB-5 Visa at the U.S. Consulate?
Investors commonly ask us, “Will I have to immigrate to the United States after receiving my initial immigrant visa at the U.S. Consulate?”
It’s a very good question, but the answer can be somewhat tricky.
The majority of investors will want to move to the USA once they’ve received their immigrant visa to re-establish themselves in the United States.
EB-5 as a Back-up Plan
That being said, there are some investors who are participating in the EB-5 program for “insurance” purposes as a back-up plan in case their business in their own country goes south. These people will eventually want to move to the USA. In a situation like this, the law requires that they immigrate within six months of obtaining the immigrant visa.
Once the investor comes to the United States, he or she can file a “re-entry permit” which basically states that the investor has every intention to remain in the USA as a resident, but in the interim, for at least a two-year period, the investor will be participating in an endeavor that requires the investor to remain abroad. For example, the investor may be finalizing a complicated business transaction, or completing University studies — anything that requires the investor to remain outside of the United States.
The bottom line is that it’s very possible to use the EB-5 visa as “Plan B,” as long as there is a valid justification for why the investor is not immediately immigrating.
Originally published at attorneyrogerbernstein.com on April 13, 2016.