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John Burson  edited Thursday, March 14, 2024

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The EB-5 visa program, an attractive route for obtaining a US Green Card through investment, is witnessing significant trends and regulatory changes, especially with the emphasis on rural projects following the EB-5 Reform and Integrity Act of 2022. This legislation encourages foreign investments across different regions of the U.S., creating jobs and offering investors a chance to live, work, and study in the country.

Carel van der Merwe, Director of Sales at EB5 Coast to Coast, shared insights in an interview with Financial Express Online, highlighting the act's impact, particularly the provision granting priority to rural projects. This move aims to benefit underdeveloped areas and addresses the backlog of applications by setting aside 20% of EB-5 visas for rural petitions. These applications currently face no visa backlog and enjoy accelerated processing, presenting a unique advantage for investors interested in these projects.

Rural projects have seen an uptick in interest from Indian investors, with a significant portion of Form I-526Es filed by Indian nationals for these projects. This reflects the strategic advantage of applying for a visa under this category, allowing for simultaneous filing of the I-526E and green card applications for those in the U.S. on nonimmigrant visas.

The demand for the EB-5 visa is also influenced by global economic trends, such as the desire for affordable, world-class education for investors' children, restrictions from the lack of E-1 or E-2 visa treaties in certain countries, and the economic impact of COVID-19. These factors make the EB-5 program a compelling option for residency in the U.S., with the added benefits of access to top education and a stable investment environment.

When considering EB-5 investments, it's crucial for investors to evaluate project viability, potential returns, and immigration outcomes. Due diligence is key, encompassing both business and immigration viability to ensure the project meets job creation requirements and aligns with the investor's goals. This involves a thorough assessment of the business's viability, including risks, job creation potential, management quality, and return on investment, as well as the project's compliance with EB-5 immigration requirements.

The EB-5 visa program continues to offer valuable opportunities for investors seeking U.S. residency. With the recent legislative changes favoring rural and national interest projects, potential investors are encouraged to stay informed and conduct thorough due diligence to maximize the benefits of this unique investment-driven immigration pathway.

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