The US EB-5 visa program was introduced to help boost investment and job creation in the United States through issue of permanent residence to individuals investing between $500,000 and $1 million in commercial enterprises in the USA. While the program rules are the same for all investors, applicants must consider important practices to avoid complications in the application process.
Avoid B-2 Visa Rule Violations
Violation of immigration laws before or following submission of the I-526 petition, seeking grant of conditional permanent residence, can lead to unnecessary complications for applicants. Meeting EB-5 program requirements alone is not sufficient and applicants may find their application for permanent residence rejected due to non compliance with a range of immigration rules.
Investment immigration applicants should be careful when applying for the tourist visa—B-2 visa—that grants the right to temporary stay in the USA. Those planning to visit the USA for medical treatment, vacation, social events, or for visiting friends and relatives are issued this visa, which has a maximum validity of ten years. The holder of this visa can normally visit the country for up to 90 days at a time.
The B-2 visa is a non-immigrant visa i.e. the holder must declare that he or she
- does not wish to abandon foreign residence and stay in the USA permanently, and
- Retains ties with the foreign residence, and
- Owns adequate funds to visit the USA and depart at the end of the permitted period of stay.
An EB-5 applicant who travels in and out of the USA at regular intervals or stays the entire duration of permitted stay under the B-2 visa and returns within a few weeks may be found in violation of the above-mentioned conditions. Authorities may infer intent to establish residence in the country from frequent visits. Ownership of assets in the USA may further reinforce an unfavourable conclusion regarding the visitor's intent.
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