Obtaining US citizenship by investment is not a direct process, but rather a multi-step journey that begins with securing permanent residency through investment and culminates in naturalization. The primary pathway for investors is the EB-5 Immigrant Investor Program, which allows foreign nationals to obtain a Green Card by making a significant investment in the US economy.
The EB-5 program requires a substantial financial commitment and the creation of jobs for US workers. While it doesn't provide immediate citizenship, it offers a faster route to permanent residency compared to many other immigration options. After maintaining permanent resident status for a specified period, investors can then apply for US citizenship.
EB-5 Investment Amount | Job Creation Requirement |
---|---|
$800,000 (Targeted Employment Area) | 10 full-time jobs |
$1,050,000 (Non-TEA) | 10 full-time jobs |
EB-5 Visa Program Overview
The EB-5 Immigrant Investor Program is the primary route for investors seeking US citizenship. Created by Congress in 1990, this program aims to stimulate the US economy through foreign investment and job creation. Under the EB-5 program, investors must make a significant capital investment in a new commercial enterprise in the United States.
There are two main investment options within the EB-5 program:
- Direct Investment: Investing directly in a new commercial enterprise.
- Regional Center Investment: Investing through USCIS-approved regional centers that sponsor economic growth projects.
The minimum investment amount is $800,000 if the investment is made in a Targeted Employment Area (TEA), which is either a rural area or an area with high unemployment. For investments outside TEAs, the minimum amount is $1,050,000. Regardless of the investment location, the project must create or preserve at least 10 full-time jobs for qualifying US workers within two years of the investor's admission to the United States as a conditional permanent resident.
It's important to note that the EB-5 program does not provide immediate citizenship. Instead, it offers a path to permanent residency, which can eventually lead to citizenship through naturalization.
Investment Requirements and Process
To begin the journey towards US citizenship through investment, applicants must first meet the EB-5 program requirements:
- Make the required investment ($800,000 or $1,050,000) in a new commercial enterprise.
- Prove the investment funds were obtained through lawful sources.
- Create or preserve 10 full-time jobs for US workers.
- Maintain the investment throughout the conditional permanent residency period.
The process typically follows these steps:
1. Choose an Investment Project: Select a suitable EB-5 project, either through direct investment or a regional center.
2. File Form I-526: Submit the Immigrant Petition by Alien Entrepreneur to USCIS.
3. Obtain Conditional Green Card: Upon approval, apply for a conditional Green Card valid for two years.
4. Maintain Investment: Keep the investment active and ensure job creation requirements are met.
5. File Form I-829: Near the end of the two-year period, petition to remove conditions on permanent resident status.
6. Receive Permanent Green Card: If approved, obtain an unconditional Green Card.
After holding permanent resident status for at least five years, investors become eligible to apply for US citizenship through naturalization.
Path to Citizenship After Investment
Once an investor obtains permanent residency through the EB-5 program, the path to US citizenship involves several key steps:
1. Maintain Permanent Residency: Reside in the US for at least 5 years as a Green Card holder.
2. Physical Presence Requirement: Be physically present in the US for at least 30 months out of the 5-year period.
3. Continuous Residence: Avoid trips outside the US lasting one year or longer.
4. Good Moral Character: Demonstrate good moral character during the statutory period.
5. English Language Proficiency: Pass an English language test (speaking, reading, and writing).
6. Civics Knowledge: Pass a US civics test covering American history and government.
7. File Form N-400: Submit the Application for Naturalization.
8. Biometrics and Interview: Attend a biometrics appointment and an interview with USCIS.
9. Oath of Allegiance: Take the Oath of Allegiance to the United States.
It's crucial to understand that citizenship is not guaranteed and is subject to approval by US immigration authorities. Applicants must meet all requirements and pass background checks before being granted citizenship.
Benefits and Considerations of US Citizenship by Investment
Pursuing US citizenship through the EB-5 investment route offers several advantages but also comes with important considerations:
Benefits:
- Access to one of the world's largest economies and markets
- Freedom to live, work, and study anywhere in the United States
- Ability to sponsor family members for Green Cards
- Protection under US laws and the Constitution
- Eligibility for federal jobs and elected offices (except President and Vice President)
Considerations:
- Substantial financial investment required
- Long processing times for EB-5 applications
- Risk associated with the investment (must be "at risk" with no guaranteed return)
- Complexity of immigration laws and regulations
- Potential tax implications, including worldwide income reporting
Investors should carefully weigh these factors and consult with immigration attorneys and financial advisors before proceeding with an EB-5 investment.
Alternative Investment-Based Immigration Options
While the EB-5 program is the primary investment-based route to US citizenship, there are other visa categories that can lead to permanent residency and eventually citizenship:
- E-2 Treaty Investor Visa: For nationals of treaty countries, allowing them to live and work in the US to develop and direct their investment.
- L-1 Intracompany Transferee Visa: For executives, managers, or specialized knowledge employees transferring to a US office of their company.
- EB-1C Multinational Executive or Manager: A Green Card category for executives or managers of multinational companies.
These options may have lower initial investment requirements but typically involve more active participation in business operations and may have longer paths to permanent residency compared to the EB-5 program.
FAQs About How To Get US Citizenship By Investment
- Can I directly buy US citizenship?
No, US citizenship cannot be directly purchased. Investment can lead to permanent residency, which may eventually lead to citizenship. - How long does it take to get US citizenship through EB-5?
It typically takes 5-7 years from initial EB-5 investment to eligibility for citizenship application. - Is the EB-5 investment amount refundable?
No, the EB-5 investment must be "at risk" with no guaranteed return to qualify for the program. - Can my family also get Green Cards through my EB-5 investment?
Yes, your spouse and unmarried children under 21 can be included in your EB-5 application. - Do I need to manage the business I invest in for EB-5?
While some involvement is required, day-to-day management is not necessary, especially in regional center investments.