Immigrant Investor Visas For Thai Nationals

By: US Visa Lawyer | Posted: 19th January 2011

The forthcoming piece is designed to act as a kind of primer for those of Thai nationality who are interested in gaining insight into the United States EB-5 Immigrant Investor visa program.

The EB-5 visa category was created in the 1990s and was designed to provide a travel document to those Immigrants traveling to the United States of America in order to make a substantial investment in an eligible enterprise. The substantial benefit which attaches concurrently with the EB-5 visa is Lawful Permanent Resident status. Lawful Permanent Residence is sometimes referred to as either "Green Card" status or simply "Green Card". Those who meet the eligibility criteria, receive visa approval, and are admitted lawfully to the USA will receive a Green Card which provides legal residence and the right to work in the USA.

Some have asked this author the question: "Is there any type of Citizenship-by-Investment program in the USA?" The concise response to this question: no. There is no program currently operating which allows foreign nationals to receive near instantaneous Citizenship. However, the EB-5 visa program could be called a "Path to Citizenship by Investment". This is due to the fact that those who enter the United States on an EB-5 receive Lawful Permanent residence which is one of the requirements that must be met in order to apply for naturalization to American Citizenship. The US naturalization process could prove to be time consuming and difficult. Also, in order to even be considered eligible for naturalization to American Citizenship a Thai national would first need to meet the statutory physical presence requirement as set forth under relevant sections of American Immigration law.

Although obtainment of an EB-5 visa might prove to be a boon for foreign nationals around the world the legal eligibility requirements must be met. Such requirements exist separate from the investment and therefore those wishing to obtain an EB-5 visa are well advised to conduct substantial research before making the decision to invest in the USA. Under most circumstances, the EB-5 visa rules stipulate that the Thai national invest at least 500,000 American dollars into a targeted investment program in order to adhere to the investment eligibility criteria. It may also be a possibility to invest in non-targeted investment programs, but such an investment usually must be at least 1 million (1,000,000) United States dollars.

There are some who find that the assistance of an American attorney is advantageous as such a professional can provide expertise regarding the overall EB-5 process and also streamline the compilation and filing of the visa petition and/or application. Those individuals who wish to receive a advice in matters related to EB-5 visas are prudent to scrutinize the credentials of those claiming expertise in American Immigration law since only a licensed attorney from the United States is authorized to provide professional advice and counsel regarding United States immigration matters.


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Benjamin W. Hart is a lawyer from the USA living and working in Asia. Contact: 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See:
US Citizenship by Investment
or
K3 Visa Thailand
.
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Tags: physical presence, eligibility requirements, foreign nationals, permanent residence, substantial investment, eligibility criteria, visa category, permanent resident status, travel document, immigrant investor