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.

Most Investors

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.

Re-entry Permit

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.

Bottom Line

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.

You can find me on Google+ or Facebook if you have any EB-5 questions.


Originally published at attorneyrogerbernstein.com on April 13, 2016.

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