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October 11, 2022

Top 3 reforms to the US Golden Visa programme

With an investment of $800,000, EB-5 applicants can obtain Green Cards in the US

The United States golden visa, officially known as the EB-5 Immigrant Investor programme, has undergone significant changes over the past several months. With the passage of the EB-5 Reform and Integrity Act (RIA) in March 2022, residents of the United Arab Emirates and the wider Gulf region are now eligible to apply for their Green Cards through the EB-5 program.

Created by Congress in 1990, the EB-5 program boosts job creation and incentivizes the injection of foreign capital in the U.S. economy. With an investment of $800,000 in a new commercial enterprise in the United States, EB-5 applicants can obtain Green Cards for themselves and their qualifying family members including their spouse and children under the age of 21.

With the passage of the RIA, Congress enhanced the EB-5 programme which in turn strengthened the programme’s appeal for foreign applicants seeking to obtain their U.S. Green Cards. The RIA increased transparency levels for applicants and reauthorized the U.S. golden visa program until 2027. The 5-year extension is a sign of the U.S. government’s confidence in the program’s role in boosting the U.S. economy.

The EB-5 programme is experiencing a surge in demand due to new legislative reforms in favour of foreign investors. Legal Director and Founder of The American Legal Center, a prominent immigration consultancy based in Dubai, Shai Zamanian, is urging keen families to begin their application process to benefit from shorter wait times. “We have had a tremendous surge in the number of interested families contacting our firm for information on the EB-5 program. We advise all those looking to obtain their Green Cards through this program to act quickly in filing their applications,” says Shai Zamanian.

Here are the top three reforms to the EB-5 programme implemented by the passage of the RIA.

 

1. Grandfathering Provision

In the past, existing applicants were not protected from legislative changes to the EB-5 program or lapses due to a failure from Congress to timely reauthorize the program. With the new grandfathering provision introduced by the RIA, new and existing EB-5 applicants can rest assured that they will not be negatively impacted by any further changes to the programme.

The RIA provides that petitions filed on or before September 30, 2026 will continue to be adjudicated even upon the expiration of the EB-5 program. This reform guarantees that pending EB-5 applications will continue to be processed by the United States Citizenship and Immigration Services (USCIS) and families will still be able to receive their U.S. Green Cards in a timely manner.

2. Greater Transparency and Security

The reforms introduced by the RIA have created greater transparency and security for EB-5 investors. Regional centers must now be audited by the Secretary of Homeland Security at least once every five years. Regional centers are economic units designated by USCIS that are involved in the promotion of economic growth in the United States. Foreign investors can invest in projects hosted by regional centers and benefit from a passive investment while satisfying the requirements of the EB-5 program. The consequence for failure to satisfy the requirements of the statutory audit is that the concerned regional center will lose its designation.

Additionally, EB-5 investors are provided with greater security given the new good faith investor protections provided by the RIA. Upon the termination or debarment of a regional center, a new commercial enterprise, or a job-creating entity, good faith investors will be given notice by the Secretary of Homeland Security and will have six months to either (1) invest in another new commercial enterprise or (2) have the new commercial enterprise associate with an approved regional center. Therefore, innocent investors will not be negatively impacted as they can still benefit from receiving their U.S. Green Cards through the EB-5 program.

3. Concurrent Filing

A third key reform to the EB-5 programme is the introduction of the concept of concurrent filing. Certain EB-5 investors residing in the United States may concurrently submit an Adjustment of Status petition (Form I-485) along with their EB-5 application (Form I-526E). Such investors will receive a travel permit allowing them to travel outside the U.S. as well as work authorization to work in the United States.

Contact The American Legal Center Today

The American Legal Center has been active in serving the immigration needs of the Middle East region for over a decade. Their team of U.S. licensed lawyers and professionals are ready and able to assist families keen on beginning their migration journey to the United States. The leader of The American Legal Center, Shai Zamanian, has filed the most EB-5 applications out of the region. Contact The American Legal Center today for a free initial consultation with their team of U.S. licensed lawyers and to find out if you and your family qualify for the EB-5 program.