Understanding the EB-5 Visa for Colombians: An In-Depth Guide

CanAm recently had an enlightening discussion with Sandra Clavijo, an esteemed immigration lawyer, about the EB-5 visa, its requirements, and the overall process. You can watch the full conversation here.

In this blog post, we discuss some of the essential points covered in their discussion.

Introduction to the EB-5 Visa

The EB-5 visa is designed for individuals who wish to invest in the United States and obtain permanent residency. This visa offers a unique opportunity for investors, particularly those with children who will soon reach adulthood, to secure a future in the U.S. The primary requirement is a substantial capital investment, which can be quite appealing for many Colombian investors looking for stability and growth in a developed economy.

Key Requirements for the EB-5 Visa

• Capital Investment: The cornerstone of the EB-5 visa is the capital investment. For projects in infrastructure or rural areas, an investment of $800,000 is required. This investment must be made in a regional center, an organization approved by the U.S. government to manage investment projects. These centers facilitate passive investment, allowing investors to avoid direct involvement in the day-to-day management of the business.
• Source of Funds: The investment funds must come from a legal source. Investors must provide a detailed history of the funds, tracing their origin to ensure legality. Once the funds are proven to be legitimate, obtaining permanent residency through passive investment becomes straightforward.
• Job Creation: Each investment must create a minimum of 10 jobs for U.S. workers for at least two years. The regional center takes responsibility for job creation, making it easier for investors to meet this requirement.

Process and Timeline

The process of obtaining an EB-5 visa can take up to four or five years. This period involves several critical steps, including proving the legality of the investment funds, the creation of jobs, and the overall feasibility and sustainability of the investment project.

However, recent reforms have introduced a concurrent filing option. This means that investors can apply for the EB-5 visa and adjust their status simultaneously, allowing them to stay in the U.S. and enjoy certain benefits while their application is processed.

Benefits of the EB-5 Visa

• Permanent Residency: The most significant benefit of the EB-5 visa is obtaining permanent residency for the investor, their spouse, and children under 21. This residency allows access to the U.S. education system, social benefits, and employment opportunities without the need for a separate work visa.
• Geographic Flexibility: Investors can live and work anywhere in the U.S., regardless of where their investment is located. This flexibility is particularly advantageous for those who may have specific personal or professional preferences.
• Educational Opportunities: Children of EB-5 visa holders can benefit from the U.S. education system, often at a reduced cost compared to international students. This access to education is a significant incentive for many families.
• Path to Citizenship: After maintaining permanent residency for five years, EB-5 visa holders can apply for U.S. citizenship, unlocking further benefits, including the right to vote and access to federal jobs.
• Economic Security: Investing through the EB-5 visa provides a safeguard against economic instability in one’s home country. By investing in stable, government-approved projects, investors can protect their capital and benefit from the U.S. economy’s growth.

The Role of Regional Centers

Regional centers play a crucial role in the EB-5 visa process. They manage the investment projects, ensuring that they meet the job creation requirements and other stipulations. Choosing a reputable regional center with a proven track record is essential. Canam Enterprises, for instance, has a history of successful projects and has returned over $2 billion to investors, demonstrating its reliability and commitment to investor success.

Special Considerations for Colombian Investors

Colombian investors often test the waters with other visas before committing to the EB-5 program. Many start with L-1, E-2, or student visas and later transition to the EB-5 visa once they decide to establish a permanent life in the U.S. The EB-5 visa’s immediate status adjustment option makes this transition smoother and more appealing.

Priority Processing for Rural Investments: Investing in rural or high-unemployment areas offers priority processing, potentially reducing the waiting time from years to just months. This priority status, coupled with a lower investment threshold, makes rural projects particularly attractive.

Conclusion

The EB-5 visa is a powerful tool for Colombian investors looking to secure a stable future in the United States. With significant benefits such as permanent residency, access to education, and eventual citizenship, this visa offers a path to a prosperous life in America. Partnering with experienced professionals and reputable regional centers can ensure a smooth and successful journey through the EB-5 program.

If you’re considering the EB-5 visa, don’t hesitate to reach out to us at Canam Enterprises or Sandra Clavijo. We’re here to guide you every step of the way and help you achieve your dream of living in the United States.