The United States Citizenship and Immigration Services (USCIS) administers the EB-5 Immigration Program. The program offers an excellent option for foreign investors willing to invest the required amount of capital and meet USCIS criteria to obtain a green card.
In this article, you will discover whether an EB-5 investor can bring parents to the United States as dependents.
EB-5 Investor Visa – Basic Requirements
The primary requirement to qualify for an EB-5 visa is making the necessary investment in a commercial enterprise in the United States. Currently, the minimum amount of investment eligible for an EB-5 application is $1,050,000.
If an applicant opts to invest in a Targeted Employment Area (TEA), it is possible to qualify for a reduced investment of $800,000 (including infrastructure projects). Additionally, the applicant must show that the investment will create or preserve ten permanent full-time jobs for qualified US workers.
Since the introduction of the EB-5 Reform and Integrity Act on March 15, 2022, the conditions to meet the job creation requirement depend on whether the EB-5 commercial enterprise is located in a regional center.
If the enterprise is located within a regional center, the EB-5 investors can meet USCIS job creation requirements with direct or indirect jobs.
In such cases, up to 90% of the job creation requirement can be satisfied through indirect jobs, which are positions held outside the new commercial enterprise but created as a result of the new commercial enterprise.
Can I Bring Parents on EB-5 Visa? – The Verdict
Under the EB-5 program, eligible applicants can apply on behalf of a spouse and qualifying children to bring them to the United States as dependents. Only unmarried children under 21 years qualify as dependents under EB-5 status.
After receiving approval for EB-5 status, investors and their dependents must file to adjust their status to conditional permanent residence within the United States. EB-5 visa holders initially obtain conditional permanent residence for a two-year period, which also applies to derivative family members.
However, USCIS expressly restricts any other relatives other than a spouse and qualifying children from entering the United States as EB-5 dependents. A primary EB-5 petitioner cannot apply for parents, as EB-5 rules explicitly state that the petitioner may be accompanied exclusively by his or her spouse and unmarried children under 21.
An alternative for petitioners who are single and under the age of 21 is to withdraw as the principal of an EB-5 petition and re-submit the application with one of the applicant’s parents as the principal.
This way, the original applicant would qualify as a derivative. As it is plain to see, this alternative is not viable in many cases, as any applicant married or older than 21 years would be automatically excluded.
The viability of this strategy also depends on the applicant’s birth country. For example, EB-5 applicants from China may wait several years until receiving a conditional green card. In such cases, applicants younger than 21 may age out before obtaining a conditional green card.
Do You Want to Bring Your Parents to the United States? – Immediately Seek Expert Legal Guidance
Waste no time with uncertainty. Contact Immigration Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] to find the best legal strategy to bring your parents to the United States.
