Investors commonly ask us, “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 little tricky.
Most investors will want to move to the United States once they’ve acquired their immigrant visa to re-establish their lives in the USA.
EB-5 as a Back-up Plan
However, some people participate in the EB-5 program for “insurance” purposes as a "Plan B" in case business in their own country goes poorly. These people will eventually want to move to America. In a situation such as this, the law requires that they immigrate within six months of obtaining the immigrant visa.
Once the investor comes to the US, he or she can file a “re-entry permit” which basically states that the investor intends to remain in the United States 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 completing University studies or finalizing a complicated business transaction – anything that requires the investor to remain outside of the United States.
The bottom line is that it’s definitely possible to use the EB-5 visa as a “back-up plan,” as long as there is a valid reason for why the investor is not immediately immigrating to the United States.