US Golden Visa: conditions for obtaining, terms of issue, features

The concept of residency through capital investment, known as the "golden visa," attracts investors. However, in the US, this term takes on special meaning. The US Golden Visa is an informal designation for the federal EB-5 program, the only direct path to a green card through investment. Unlike European counterparts offering simplified residency, the EB-5 program leads to full permanent residence, not merely long-term entry permission.

What is the "Golden Visa" in the US Context: The EB-5 Program

The EB-5 program represents a specialized mechanism for obtaining US residency status through investment activities. Unlike "golden visa" schemes common in other countries, the American version offers a more complex yet more reliable path to permanent residence. The core concept of EB-5 is built on mutual benefit: the investor injects capital into the country's economy, and in return gains residency rights for themselves and their family members.

Two fundamental requirements form the main conditions of the program. First – contributing substantial capital ($800,000+) into approved commercial projects. Second – particularly characteristic of the American system – a commitment to create at least ten full-time jobs for US citizens or permanent residents. This combination of financial contribution and socio-economic impact distinguishes EB-5 from similar offerings in other nations.

The program's most critical feature is the direct transition to permanent resident status, bypassing the temporary residence permit stage. After application approval, the investor and family immediately receive a conditional green card valid for two years. Upon expiration and successful verification of all investment conditions, the status becomes permanent. After five years of continuous US residence, eligibility for American citizenship emerges, transforming EB-5 from just an immigration program into a full pathway to a new life in the US.

This multi-stage system provides a rigorous investor filter, ensuring only those making significant economic contributions receive residency. This constitutes the fundamental difference between the American approach and simplified residency schemes offered elsewhere. EB-5 isn't merely "buying a visa," but a comprehensive investment program with long-term prospects for both participants and the host country.

EB-5 Investment Conditions: Amounts and Projects

Eligibility for the American EB-5 Golden Visa requires strict adherence to criteria.

Investment Amount:

• $1,050,000: Baseline threshold for investments in commercial projects.
• $800,000: Discounted rate available only for projects in Targeted Employment Areas (TEA). TEAs are regions with high unemployment (≥150% of US average) or rural areas. TEA status verification is mandatory.

Permissible Investment Forms:

• Establishing a New Commercial Enterprise (NCE).
• Fundamental restructuring of an existing business, increasing its value or workforce by 40%.
• Significant expansion of an existing company yielding 40% net worth or employee growth.
• Capital must be subject to market risk ("at risk"). Investments with return guarantees or debt schemes are unacceptable.
• The enterprise must pursue commercial profit.

Job Creation:

• Mandatory Condition! The investment must create at least 10 new full-time positions for US workers (citizens, residents, work visa holders, excluding the investor's family) within 2 years of obtaining the conditional green card.
• Direct jobs (on payroll) or, when investing via a Regional Center, indirect/induced jobs (calculated via economic models) are permissible.

Processing Times & Obtaining Residence/Green Card

The EB-5 residency process is multi-staged, demanding significant time and patience. The entire journey from initial application to citizenship can take 7-15 years, depending on the investor's country of origin and USCIS caseloads.

The initial stage – filing Form I-526 – involves thorough scrutiny of the investment funds' lawful origin and project compliance. USCIS reviews these petitions for 24-60 months, with processing times varying significantly by applicant nationality due to visa quotas.

After I-526 approval, the visa processing phase begins. For overseas investors, this entails a US consulate interview, while those already in the US can adjust status. Citizens from high-demand EB-5 countries (primarily China, Vietnam, India) face the longest delays here – visa wait times can exceed 10+ years due to annual category limits.

Successful applicants receive a 24-month conditional green card. Within 90 days before its expiry, Form I-829 must be filed to remove conditions, proving sustained investment and required job creation. This final stage review also takes substantial time – typically 24+ months.

Only after successfully completing this entire process do the investor and family receive unconditional green cards. Eligibility for US citizenship arises 5 years after initial conditional residency, contingent upon continuous residence and legal compliance. This lengthy, complex process underscores that EB-5 targets serious investors committed to long-term obligations.

Rights of Status Holders: Life in the US

Obtaining permanent residency via EB-5 unlocks broad opportunities:

• Live & Work: Right to reside, work (including business ownership), and study anywhere in the US without employer restrictions.
• Education: Access to public schools/colleges/universities under same terms as US citizens (including in-state tuition rates).
• Social Benefits: Access to Social Security (with sufficient contributions) and Medicare upon eligibility.
• Freedom of Movement: Ability to freely enter/exit the US (though extended absences may affect status). The green card serves as a re-entry document.
• Path to Citizenship: Clear pathway to US citizenship via naturalization (typically after 5 years).

Important: Green card holders cannot claim certain welfare benefits within their first 5 years to avoid becoming a "public charge."

Family Inclusion: Investment for All

A key EB-5 advantage is including immediate family members. The primary investment covers status for the investor, their spouse, and unmarried children under 21 at I-526 filing. All included members receive identical residency, work, study, and citizenship rights as the main investor.

Comparison with Other Countries

While the US attracts with its market and citizenship potential, EB-5 differs significantly from European/Caribbean counterparts:

• High Investment: Required amounts ($800k/$1.05M) exceed many EU programs (e.g., Portugal, Greece – from ~€250k).
• Long Wait Times: Backlogs for major investor countries make EB-5 one of the slowest programs (5-10+ years vs. months/1-3 years in EU).
• Job Creation Mandate: Unique and complex EB-5 requirement absent in most other investment residency programs.
• Focus on PR/Citizenship: EB-5 directly leads to unconditional green cards/citizenship, whereas many EU "golden visas" initially grant temporary residence.
• Taxation: The US taxes residents' global income – a critical consideration versus other jurisdictions.

Application Approaches: Direct vs. Regional Center

EB-5 investors choose between two main paths.

Direct Investment:

Investor directly creates/invests in a New Commercial Enterprise.

• Pros: Direct control over business/investment.
• Cons: Investor personally responsible for creating 10 direct jobs. Requires deep US business knowledge and active management.

Suited for experienced entrepreneurs planning active US business operations.

Regional Center Investment:

Investment into a USCIS-approved project managed by a Regional Center (special economic entity).

Pros: Allows counting indirect/induced jobs created regionally due to the project (calculated via economic models). Makes fulfilling the key job creation requirement far more achievable for passive investors.

• Passive investor role – no business management required.
• Wide project selection (real estate, infrastructure, business parks, etc.).
• Cons: Requires thorough due diligence on the Regional Center/project reliability and EB-5 compliance. Fees and administrative costs. Less personal control.

Suited for the vast majority of EB-5 investors seeking passive investment.

Pitfalls and Key Advice

The EB-5 green card path carries significant risks requiring informed commitment. Crucially: Successful investment ≠ visa/status approval. A major risk is potential capital loss. Since investments must inherently be "at risk," project failure before job creation or I-829 approval can cause both financial loss and green card eligibility forfeiture. Thus, comprehensive due diligence on the project/Regional Center is critical and non-negotiable.

Another substantial risk involves potential immigration law changes. EB-5 requirements—including minimum investments, TEA criteria, and job calculation methodologies—may be revised by Congress/USCIS. While filing I-526 typically "locks in" rules at submission, multi-year processing delays prolong uncertainty and expose investors to future changes.

The issue of prolonged wait times itself poses a major planning risk. Visa backlogs for high-demand countries (China, Vietnam, India) can stretch many years, sometimes exceeding a decade. This factor must be meticulously factored into life/career planning, as actual relocation and status acquisition may occur much later than anticipated.

Documentary proof complexity is another significant hurdle. USCIS requirements for proving lawful fund origins and detailed fund trail documentation are exceptionally stringent. Inadequate preparation or unprofessional documentation is a frequent cause of denial. Engaging an experienced EB-5 specialized immigration attorney is therefore absolutely essential.

The most critical risk arises at the final stage – filing I-829 to remove conditions. If by the end of the 2-year conditional residency period, the creation of ≥10 jobs isn't documented or the investment wasn't maintained "at risk" throughout (e.g., partially returned/guaranteed), USCIS will deny the unconditional green card. This results in termination of conditional status for the investor and all family members, requiring departure from the US.

Trump's "Golden Card": Note that in 2020, the Trump administration announced a "Golden Card" visa concept targeting highly skilled professionals and entrepreneurs. However, this project never materialized into legislation or an actual program. It remains merely a concept, and no new "golden visa" or "golden card" exists in the US besides EB-5.

Conclusion

The US Golden Visa via the EB-5 program is a powerful but complex, costly, and lengthy path to an American green card for investors willing to inject substantial capital into the US economy and create jobs. It fundamentally differs from European "golden visas" in its requirements, timelines, and focus on permanent residency. Passive investment through Regional Centers dominates but demands meticulous project selection. Despite the allure of the end goal – living and working in the US with citizenship prospects – potential investors must realistically assess risks, financial costs, and multi-year waits. Meticulous planning, deep due diligence, and qualified legal counsel are indispensable for success on this path.