EB-5 Visa and Residency in the US

The EB-5 visa offers a pathway to U.S. permanent residency through substantial capital investment. Unlike some nonimmigrant visas, the EB-5 visa doesn't mandate specific physical presence requirements. As an EB-5 visa holder, you have the flexibility to travel and stay outside the United States. However, adherence to the EB-5 program's general requirements is crucial.

To maintain EB-5 visa status, active investment in a qualifying U.S. business and the creation or preservation of necessary jobs are prerequisites. While residing in the U.S. is not obligatory, continuous compliance with investment and job creation criteria during the conditional residency period is essential.

It's important to note that maintaining legal permanent residency in the U.S., including for EB-5 visa holders, generally involves spending a significant amount of time in the country and maintaining substantial ties. Abandoning permanent residency can occur if extended periods are spent outside the U.S. without proper documentation or meeting specific criteria. Therefore, EB-5 investors should be aware of their unique obligations and seek guidance from immigration professionals to ensure compliance with residency requirements.