A common question we receive from investors is, “Will I have to immigrate to the United States after receiving my initial immigrant visa at the U.S. Consulate?”
It’s a great question, but the answer can be a bit complicated.
Most investors will want to move to the United States once they’ve obtained their immigrant visa to re-establish their lives in the USA.
EB-5 as a Back-up Plan
However, there are some people who are participating in the EB-5 program for “insurance” purposes as a back-up plan in the event that business in their own country goes poorly. These people will eventually want to move to the United States. In this situation, the law requires that they immigrate within six months of acquiring the immigrant visa.
Once the investor comes to the United States, he or she can file a “re-entry permit” which basically states that the investor has every intention to remain in the USA as a resident, but in the interim, for at least a two-year period, the investor will be participating in an endeavor that requires the investor to remain abroad. For example, the investor may be finalizing a complicated business transaction, or completing University studies – anything that requires the investor to remain outside of the United States.
The bottom line is that it’s very possible to use the EB-5 visa as a “Plan B,” as long as there is a valid justification for why the investor is not immediately immigrating.