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"Golden Visa"

8th January, 2024

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Context

  • Indian families and individuals who have been patiently waiting for their US Golden visa applications to be reviewed in the EB-5 backlog can now look forward to an early approval of their applications.

"Golden Visa"

  • The term "Golden Visa" primarily refers to a residency-by-investment program offered by various countries, including the United States.

Here's an overview of the concept, focusing on the U.S. EB-5 Immigrant Investor Program

Definition:

  • The "Golden Visa" generally refers to a residency program that allows foreign investors and their families to obtain a visa or residence permit by making a significant investment in the host country.

U.S. EB-5 Immigrant Investor Program:

  • Investment Requirement: The EB-5 program in the United States requires a minimum investment of $1.8 million (or $900,000 in a targeted employment area) in a new commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers.
  • Job Creation: Investors must demonstrate that their investment leads to the creation or preservation of jobs in the U.S. This is a key requirement for obtaining a Green Card.

Application Process:

  • I-526 Petition: Investors initially file Form I-526 to petition for immigrant status under the EB-5 program. This form includes details about the investment, the business plan, and job creation estimates.
  • Conditional Green Card: If the petition is approved, investors and their qualifying family members receive conditional U.S. Green Cards, allowing them to live and work in the United States.

Conditions and Permanent Residency:

  • Two-Year Conditional Residency: Initially, investors receive conditional residency, valid for two years.
  • I-829 Petition: Before the end of the two-year period, investors must file Form I-829 to remove conditions on their Green Card. This involves demonstrating that the investment has led to the creation of the required jobs.

Benefits of the U.S. Golden Visa:

  • Residency in the U.S.: Successful applicants, along with their immediate family, can live, work, and study anywhere in the United States.
  • Path to Citizenship: After maintaining permanent residency for five years, investors may be eligible to apply for U.S. citizenship.

PRACTICE QUESTION

Q. The term 'US Golden Visa' is often associated with a specific immigration program. Consider the following statements regarding the US Golden Visa:

1.The US Golden Visa is a program designed exclusively for entrepreneurs seeking to establish new businesses in the United States."

2.The primary investment threshold for the US Golden Visa program is $1 million, regardless of the location of the investment.

Which of the statements above is/are correct?"

A. Only 1

B. Only 2

C. Both 1 and 2

D. Neither 1 nor 2

Answer: D. Neither 1 nor 2

Explanation:

  1. The US Golden Visa is not exclusively for entrepreneurs but is often associated with residency-by-investment programs such as the EB-5 Immigrant Investor Program.
  2. The primary investment threshold for the EB-5 program is $1.8 million, but it can be reduced to $900,000 if the investment is made in a targeted employment area (TEA).