Understanding EB-5 Visa for Thailand Investors: Your Path to Residency

The EB-5 visa for Thailand investors is a specialised immigration route to the United States that allows eligible immigrants and their immediate family members to obtain permanent residency in the country. This is contingent upon meeting specific financial investment criteria. To qualify, applicants must invest a minimum of $1.8 million in establishing a new commercial enterprise in the US, which should create job opportunities for at least 10 American workers. 

However, if the investment is made in a designated targeted employment area (TEA) with high unemployment rates and rural status, the minimum investment threshold is reduced to $900,000. The EB-5 visa for Thailand investors is primarily designed for wealthy investors, their spouses, and children under 21, providing them with a pathway to obtain a green card and lawful residency in the US. For individuals seeking temporary residence in the US for investment purposes, the E-2 Visa may be a more suitable option. 

What exactly is the EB-5 visa for Thailand investors?

The US immigrant investor program includes the EB-5 visa for Thailand investors, which grants green cards to those who are successful. This visa allows people from other countries to invest in businesses in the United States and obtain permanent residency. It is considered the fifth preference among US employment-based visas and aims to not only attract foreign investments but also boost the American economy. Additionally, it aims to support the growth of rural areas throughout the United States. The EB5 visa program was established by the US Congress in 1990 and has an annual limit of 10,000 visas.

• C5 visa: This category caters to investments beyond target areas.
• T5 visa: This category accommodates investments in areas characterised by high unemployment rates.
• R5 visa: This category is designated for participants of the Investor Pilot Program who are not involved in target areas.
• I5 visa: This category is reserved for participants of the Investor Pilot Program.

Who Can Get an EB5 Visa?

You’re eligible for the EB5 visa if you can:

Starting a New Business:

In order to be eligible for the EB-5 visa for Thailand investors through starting a new business, it is crucial that the business is truly new. This implies that it must have been established after November 29, 1990. This specific requirement guarantees that the visa program promotes the establishment of fresh ventures instead of simply enabling investments in already existing ones.

Investing in an Existing Business: This includes making a substantial investment that will greatly benefit the business, either by increasing its value or expanding its workforce. Typically, this means boosting the business’s value or hiring additional employees by a minimum of 40%. This particular aspect emphasises the necessity of ensuring that investments play a crucial role in the development and longevity of established businesses.

Minimum Investment Requirement: Currently, the set minimum investment amount is $1.8 million. Nevertheless, if the investment is made in regions with high unemployment rates, individuals may qualify to invest a lower sum of $900,000. This section emphasises the financial obligation needed to join the EB5 program and the option for investments in economically struggling areas.

Investing in High Unemployment Areas The EB5 visa program encourages investment in areas with high unemployment rates, known as Targeted Employment Areas (TEAs). These are areas where the unemployment rate exceeds 150% of the national average. By encouraging investment in these areas, the program aims to stimulate economic growth and create job opportunities in areas in need of development. This subsection emphasises that the program is focused on promoting economic revitalization in distressed communities and addressing disparities in employment opportunities.

The EB5 Investor Visa also requires that your investment create 10 full-time jobs for American workers. You must do this within two years of visa approval. These workers must be from the U.S. and must work at least 35 hours per week. You can invest in many different types of businesses, including

• Businesses you own alone
• Partnerships
• Companies that hold assets
• Ventures with others
• Corporations
• Trusts
• Other kinds of businesses, whether they’re private or public

Options for Investment for EB-5 Applicants:

The EB-5 visa for Thailand investors presents two avenues for foreign investors seeking US residency through investment:

Direct Investment in a New Commercial Enterprise:

This option involves direct investment in a newly formed commercial venture that meets the immigration criteria for job creation and risk capital, as discussed earlier. The investor must personally manage and oversee its involvement in the new business. This approach requires direct involvement in the day-to-day operations of the business.

Participation in USCIS-Authorised Pilot Projects: The second option is adopted in pilot projects approved by the United States Citizenship and Immigration Services that allows investors to participate in passive investment. The projects are granted by USCIS-licensed regional centres that allow investors to pool their money in more extensive enterprises and projects, on condition that each of their investments create a minimum of 10 new jobs in the sector.

In the regional centre pilot project, there is no restriction where in the US one can reside so long as their invested capital goes to a functional project . Participation in regional centre projects is the most appropriate for those who wish to invest in EB-5 visa for Thailand investors with little involvement in the firm’s management.

Application Process for the EB5 Visa:

The EB5 visa application process involves several steps, including the completion and submission of specific forms at different stages:

1. Form I-526: Immigrant Petition by Alien Investor

• Form I-526 serves as the primary application for foreign investors seeking the EB5 visa. As a self-petitioning visa, you, as the investor, will complete this form independently without requiring sponsorship from a US-based employer. Ensure all sections of the form are accurately filled out, particularly those pertaining to personal information. After completion, submit the form to the designated USCIS office as specified in the application instructions.

2. DS-260 / Form I-485: Adjustment of Status or Consular Processing:

Following approval of your Form I-526, the next step depends on whether you are within or outside the US.

If outside the US:

• File Form DS-260 for consulate processing to obtain a visa for travel to the US.
• Schedule an appointment at a US embassy or consulate in your country of residence.

If within the US:

• File Form I-485 to adjust your status from nonimmigrant to immigrant.
• This form facilitates the transition to permanent residency within the US.

3. Form I-829: Petition to Remove Conditions

• Form I-829 is utilised to remove the conditions attached to your conditional permanent resident status.
• File Form I-829 within 90 days before the expiration of the initial 2-year conditional residency period.
•    This form signifies your commitment to fulfilling the investment and employment promises made during the initial application. Upon successful completion of the conditions, USCIS will grant full permanent resident status, issuing a green card valid for 10 years and renewable indefinitely.

Navigating through these forms and procedures may require guidance from legal professionals or representatives familiar with the EB5 visa application process.

Documents you’ll need for the EB5 visa

The supporting documents you’ll need for your EB-5 visa for Thailand investors differ for the different forms.

For Form I-526

• Evidence of investment or active process of investing
• Business registration records
• Tax returns
• Evidence of other sources of capital
• Certified evidence from courts of civil actions, governmental proceedings, and criminal actions involving money judgments against you. This should be issued within the last 15 years.
• Evidence of creating at least 10 full-time job positions
• Filing fee receipt

For Form I-829

• Bank statements
• Investment invoices and receipts
• Evidence of contracts
• Income quarterly tax statements
• Income tax returns
• Payroll records
• Employees tax documents
• Employees Form I-9
• Filing fee receipt

For Form DS 160 or Form I-485

• Two passport-style photographs
• International passport
• Birth certificate or otherwise

Form I-864 (if required)

• Police and court records
• Approved Form-I526
• Marriage certificate: if you intend to bring immediate relatives along with you
• Filing fee receipt

Navigating the EB5 Visa Process

The EB5 visa is a primary avenue to US residency through investment, and this paper seeks to provide foreign investors with an opportunity to consider the American economy while obtaining a way to obtain permanent residence status. Prospective applicants need to be familiar with the EB5 visa application process to guarantee that the journey will be smooth and successful. Relying on the mandatory steps and requirements indicated by the United States Citizenship and Immigration Services will allow investors to realise their dream and reside in California or any other state with family members.

Frequently Asked Questions