Simultaneous I-526E Filing and Green Card Process for EB-5 Rural Category

Under the EB-5 Rural Category, Indian visa holders in the U.S. can do Green Card Concurrent Filing via I-526E with no visa backlog currently.

Visa Verge
By Visa Verge - Senior Editor 6 Min Read

Key Takeaways:

  • EB-5 program’s updates prioritize rural projects, offering expedited processing and no visa backlogs by 2024.
  • Benefits of choosing EB-5 rural projects include simultaneous green card application, addressing U.S. needs, such as healthcare demands.
  • Global demand for EB-5 visas stems from U.S. education appeal and unique residency route, especially for investors from treaty-lacking nations.

Understanding the EB-5 Rural Category: Your Pathway to U.S. Green Card

The EB-5 visa program has long been a beacon for individuals seeking permanent residency in the United States. However, recent updates to the program, especially the prioritization of the EB-5 rural category, have sparked new interest and opened doors for faster processing times. If you’re looking to navigate the complexities of U.S. immigration through investment, understanding these changes could be your first step towards securing a green card.

Simultaneous I-526E Filing and Green Card Process for EB-5 Rural Category
Simultaneous I-526E Filing and Green Card Process for EB-5 Rural Category

What’s New in the EB-5 Program?

In an exclusive interview with Financial Express Online, Carel van der Merwe, Director of Sales at EB5 Coast to Coast, shed light on significant updates to the EB-5 program. As of March 2022, the EB-5 Reform and Integrity Act has made notable strides towards improving the program, with particular emphasis on projects in rural areas.

“One of the key updates is the priority preference granted to rural projects. This means, as of February 2024, there is no visa backlog under the EB-5 rural category,” van der Merwe highlighted. This update is especially beneficial for investors, as rural petitions are not only prioritized but are also designated to receive accelerated processing.

Why Choose the EB-5 Rural Category?

Choosing an EB-5 rural project comes with distinct advantages, particularly for Indian nationals residing in the U.S. on a nonimmigrant visa. They have the opportunity to file for their I-526E and green card simultaneously, bypassing the backlog that often hampers the traditional EB-5 categories.

Projects within the rural category address vital needs in the United States, particularly in sectors like healthcare, where the demand continues to outstrip supply. Addiction treatment centers (ATCs), as van der Merwe mentions, are prime examples of projects receiving special consideration under the national interest category, thanks to their profound societal impact.

The allure of the U.S. education system, coupled with the benefits of permanent residency, continues to draw investors from countries like India, South Korea, and China. The EB-5 visa is particularly appealing for nations that lack an E-1 or E-2 visa treaty with the United States, offering a unique pathway to residency via investment.

“An education at one of the top 100 schools in the world such as UCLA, UC Berkeley, or the University of Texas at Austin can cost half of what an international student pays,” van der Merwe pointed out. This prospect is significantly attractive to investors with children, making the EB-5 program an ideal solution for families seeking both education and residency in the U.S.

What Should Investors Consider When Evaluating EB-5 Opportunities?

Investors must pay close attention to several factors when evaluating EB-5 investment opportunities, including:

  • Project Viability: Understanding the business’s strengths and potential risks is paramount, along with its capacity for job creation and growth potential.
  • Immigration Outcomes: Investors need to be aware of the visa processing timeline and how it varies depending on the type of project. Notably, projects categorized under national interest or the rural category may enjoy expedited processing.
  • Due Diligence: Before committing to an EB-5 project, conducting thorough due diligence is crucial. This involves assessing the project’s business viability, immigration viability, and the associated Regional Center’s track record.

Investing in EB-5 Rural Projects: Due Diligence is Key

“The project should meet the requirements necessary for an EB-5 Job Creating Enterprise (JCE),” van der Merwe advises. This means the project must create ten jobs per investor and should have an associated registered Regional Center guiding it through the process.

Due diligence, therefore, becomes a cornerstone of successfully navigating the EB-5 investment landscape. It involves a deep dive into the project’s location, industry strength, job creation potential, and management quality, among other factors.

For more detailed information on the EB-5 visa application process and eligibility requirements, visit the U.S. Citizenship and Immigration Services (USCIS) official website.

Conclusion

The EB-5 visa program, particularly the rural category, offers a promising pathway for investors seeking U.S. residency. With the priority preference and accelerated processing for rural projects, now is an advantageous time for eligible investors to explore this option. However, success in the EB-5 program requires careful planning, thorough due diligence, and a clear understanding of the investment and immigration process. Armed with the right information and guidance, investors can navigate this complex landscape to achieve their residency and investment goals in the United States.

This Article In A Nutshell:

The EB-5 visa program’s rural category offers a faster route to U.S. residency. The recent EB-5 Reform and Integrity Act prioritize rural projects, ensuring speedy processing and no visa backlog by 2024. This option benefits investors seeking a green card while investing in impactful projects meeting critical U.S. needs.

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