Azerbaijan Investors for EB-5 VisaThe EB-5 Visa for Azerbaijan investors is an immigrant visa that allows applicants to obtain U.S. Permanent Residency. The EB-5 Visa for Azerbaijani investors requires a minimum capital investment that leads to at least 10 full-time jobs for U.S. citizens to qualify. Azerbaijan investors do not face backlogs in the application process for EB-5 Visa. The lack of extensive delays in the processing of the EB 5 Visa for Azerbaijani investors is an advantage in the potential growth of the EB-5 market for Azerbaijan investors.

The EB 5 Visa for Azerbaijan investors enables applicants and their dependents to live, study, and work indefinitely in the United States. Azerbaijan investors and their dependents are able to travel anywhere in the USA as permanent residents. Children of Azerbaijan investors become eligible recipients of lower tuition fees and educational assistance in the US as EB 5 Visa dependents. 

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What is EB-5 Visa for Azerbaijan Investors?

The EB-5 Visa for Azerbaijan investors is an immigrant visa that grants a U.S. Green Card (Permanent Residence) to eligible applicants. The EB-5 Visa for Azerbaijan investors allows for an initial 2-year Conditional Green Card (Permanent Residence) that enables applicants and their families to live and work without restrictions in the US. The EB5 Visa for Azerbaijan investors requires a minimum capital investment in a new commercial business in the United States. The EB5 investment project has to create at least 10 full-time jobs for U.S. citizens.

What are the Benefits of EB-5 Visa for Azerbaijani Investors?

Azerbaijani investors and their dependents with EB-5 Visas benefit from the following.

  • Permanent residency in the US. Azerbaijani investors, their spouses, and unmarried children under 21 can live, work, and travel anywhere in the US with a Green Card. 
  • Investment in the US. The US has a stable EB-5 market for Azerbaijani investors who want to extend their businesses and investments outside of their country.
  • Education in the US. Azerbaijani investors can send their children to the best educational institutions in the US. These are the benefits enjoyed by minor children of Azerbaijani investors as dependents of the EB5 Visa.
    • Study in some of the best institutions in the world without facing restrictions imposed on foreign students.
    • Pay 150% to 300% lower tuition fees as compared to foreign students.
    • Enjoy more funding and scholarship options as compared to foreign students.
    • Study as a day scholar and avoid long separation from family just to obtain a quality education.
    • Explore job opportunities without worrying about issues like work permits, sponsorship, processing delays, expiry of visa, or restrictions on job mobility. 
  • Azerbaijani investors enjoy greater international mobility through the visa-free travel privileges available to US Green Card holders.

What are the Risks of EB-5 Visa for Azerbaijani Investors?

These are the risks in applying for an EB-5 Visa for Azerbaijani investors.

  • Investment risk. An EB5 investment does not guarantee an automatic return on capital. The primary benefit of the EB 5 for Azerbaijani investors is the ability to obtain a U.S. Green Card for themselves and their families.
  • Immigration risk. Simply making an EB 5 investment does not automatically result in a U.S. Green Card. The Azerbaijani investor needs to continuously meet all the requirements of the EB5 Visa within the 2-year Conditional Residency to be eligible for a 10-year Lawful Permanent Residence (LPR).
  • Fraud risk. Firms or individuals can claim to be migration brokers or immigration consultants that work under the EB5 Program. The Azerbaijani investor should conduct due diligence and research an EB-5 project to ensure its legitimacy and compliance with the standards of the U.S. Citizenship and Immigration Services (USCIS). 

How Long Does it Take to Process an EB 5 Visa for Azerbaijan  Investors?

The average processing time for the initial EB-5 petition for Azerbaijani investors is between 29.5 to 61 months. The application for an EB 5 Visa for Azerbaijan investors begins with the filing of the Immigrant Petition by Standalone Investor (Form I-526). 

How Long is an EB5 Visa Valid for Azerbaijan Investors?

Azerbaijan investors obtain an initial Conditional Green Card that is valid for 2 years from a successful EB5 application. The Azerbaijan investor must file a petition to remove the conditions on his/her Green Card to obtain Lawful Permanent Residence (LPR) in the US, valid for 10 years. 

What are the Requirements for an EB-5 Visa for Azerbaijani Investors?

These are the EB 5 Visa requirements for Azerbaijani investors.

  • Investment amount. The “at risk” investment for the EB5 Visa for Azerbaijani investors can be any of the following. 
    • A minimum investment of $800,000 USD (1.3 M AZN) for a Targeted Employment Area (TEA). A Targeted Employment Area (TEA) is a region with high unemployment rates or a rural area. 
    • An investment of $1.05 million USD (1.7 M AZN) for a non-TEA. 
  • Source of funds. Azerbaijani investors can use any of the following as EB5 funds along with sufficient documentation of their lawful sources.
    • Salaries/wages
    • Inheritance
    • Business profits
    • Loans from a financial institution or from an individual
    • Gifts from an individual
  • Job creation. The EB5 Visa for Azerbaijani investors requires the creation of at least 10 full-time jobs for American citizens.

The financial criteria for the EB-5 Visa for Azerbaijani investors are the following.

  • Net worth of $1,050,000 (1.7 M AZN) for an individual or married couple; or
  • Minimum of $200,000 (340 K AZN) in individual income in each of the 2 previous years; or
  • Minimum of $300,000 (510 K AZN) in joint income in each of the 2 previous years; and
  • Comparable level of future income and assets.

What is the Age Requirement for Azerbaijan Investors to Get EB-5 Visa?

There’s no age limit for the EB-5 Visa. Any Azerbaijan investor qualifies to be an EB-5 investor. However, since a minor probably does not have the assets or income to be eligible as an EB-5 investor on his/her own, the parents or some other guardian giving him/her the investment amount requires showing the necessary documents to prove the source of funds. Occasionally, an Azerbaijani investor pursuing an EB-5 Visa will be unable to get specific documentation. In such instances, the applicant should file a declaration giving an explanation as to why they are unable to supply the needed documentation.

The only time age matters is if the parent is applying and children are also part of the application as derivatives. The children must be under the age of 21 to be included in a parent’s application.

How Much Does an EB-5 Visa Cost for Azerbaijan Investors?

These are the costs of an EB 5 Visa for Azerbaijan investors.

  • EB-5 investment
    • $800,000 (1.3 M Azerbaijani Manat) for a TEA investment
    • $1,050,000 (1.7 M Azerbaijani Manat) for a non-TEA investment
  • Form I-526- $3,675 (6, 247 Azerbaijani Manat)
  • Application to Register Permanent Residence or Adjust Status (Form I-485)- $1,140 (1,938 Azerbaijani Manat)
  • Petition by Investor to Remove Conditions on Permanent Resident Status (Form I-829)- $3,750 (6, 375 Azerbaijani Manat)

The U.S. Citizenship and Immigration Services (USCIS) issues 10,000 EB-5 Visas a year.

The Central Bank of the Republic of Azerbaijan is the regulatory body that has framework and monetary policy for moving assets and money outside of Azerbaijan.

How can I Transfer EB-5 Funds from Azerbaijan?

Azerbaijan investors need to prove that they invested or are in the process of investing the minimum amount required by the EB 5 Program. The I-526 petition must show that the EB-5 investment was obtained and transferred lawfully. Azerbaijan investors have to transfer the EB 5 investment fund into the EB 5 project’s escrow account prior to filing the I-526 petition. An EB 5 escrow account is an interest-bearing bank account. An EB5 escrow account keeps huge sums of money for businesses until all transactions are complete. The EB5 escrow agreement should state that the entire amount from the Azerbaijan investor will be invested in the EB-5 project. The bank holding the escrow account should show no relationship to the Azerbaijan investor and the EB-5 project.  

What is the Priority Date for EB5 Visa for Azerbaijani Investors?

The EB5 Visa for Azerbaijan investors remains on “current” status according to the U.S. Department of State (DOS) Visa Bulletin. “Current” status means that there is no retrogression (backlog) in the application for EB-5 Visa for Azerbaijani investors. 

How Long Does it Take to Acquire an I-526 Approval for the Azerbaijani Investor under EB 5?

The adjudication of an I-526 petition for Azerbaijani investors is between 29.5 to 61 months. The USCIS adjudicates all I-526 petitions and the processing time depends on the nature of the case and the service center processing the application. 

How can an Azerbaijan Citizen Immigrate to the United States Using the EB-5 Program?

The process of immigration for Azerbaijan investors using the EB-5 Program involves 6 steps.

  1. Petitioning for an EB-5 Visa. Filing of the I-526 petition to the USCIS.
  2. Applying for an EB5 Visa. USCIS must approve the I-526 form prior to applying for the EB5 Visa.
    1. Applying from overseas. Filing of the Online Immigrant Visa and Alien Registration Application (Form DS-260) with the U.S. Department of State (DOS).
    2. Applying within the US. Filing of Application to Register Permanent Residence or Adjust Status (Form I-485) with USCIS. Azerbaijan investors present in the USA holding valid nonimmigrant visas such as H-1B, F-1, and L-1 are eligible for concurrent filing of their I-526 and I-485 petitions.
  3. Issuing of EB-5 Visa
  4. Obtaining conditional permanent residence. A Conditional Green Card grants Azerbaijani investors and their dependents the same rights as Lawful Permanent Residents for an initial period of 2 years.
  5. Removing conditions on permanent residence. The I-829 petition is submitted to USCIS within the 90-day period prior to the second anniversary as an Azerbaijani EB5 investor in the US.
  6. Gaining lawful permanent residence. An Unconditional Green Card is valid for 10 years and renewable unlimitedly. 

What is the EB-5 Visa Statistics for Azerbaijan Investors?

There are 0 EB 5 Visas released to Azerbaijani investors in FY 2024 according to the Report of the Visa Office from 2024 of the U.S. Department of State (DOS). 

What are the Challenges for Azerbaijan Investors for EB-5?

Azerbaijan investors have to account for specific challenges when applying for the EB-5 Visa. The first is the capacity to supply the minimum investment capital. The Azerbaijan investor should be prepared to invest the required minimum amount and prove a legal source of EB 5 funds. The second challenge that Azerbaijani investors face is the financial risk in the EB5 project. There is no guarantee of capital repayment and huge returns from the EB5 project. The primary benefit of the EB-5 Visa for Azerbaijani investors is getting permanent residence in the US. The third is the history of fraud schemes that target EB-5 investors. Hiring an EB-5 attorney, consulting the right professionals, and working with reputable EB-5 partners help curb these challenges of the EB-5 Program for the Azerbaijani investor. 

What is the Best Project to Invest in with an EB-5 Visa for Azerbaijan  Investors?

EB-5 Projects are US commercial enterprises created from the capital of immigrant investors. The best EB-5 Projects for Azerbaijan investors include real estate, hotel construction, and restaurant industries. These projects have consistent demand and generate more than enough jobs for each investor towards meeting the minimum job creation requirement.

What Does the Future Hold for EB-5 Investors from Azerbaijan?

Azerbaijani investors do not face retrogression (backlog) in the application for EB-5 Visa. The “current” status of EB 5 Visa for Azerbaijan investors is a positive indicator of the growth of the EB5 market for Azerbaijan investors.

What are the Other US Visa Available for Azerbaijan Nationals?

Immigrant and nonimmigrant visas are available to Azerbaijan nationals who want to enter the United States for specific purposes. Immigrant Visas allow foreign nationals to enter the USA as permanent residents. Nonimmigrant Visas are granted for temporary US entry and require holders to return to their home country.

The following are the US Visas available to Azerbaijan nationals.

 Immigrant Visas

  • Family-Based Immigration. For foreign citizens sponsored by an immediate relative who is a U.S. citizen or a U.S. Green Card holder and is at least 21 years old.
  • Fiancé(e) K-1 nonimmigrant visa. For a foreign fiancé(e) of a US citizen. The foreign fiancé(e) is allowed to stay in the U.S. to apply for permanent residency after marriage.
  • K-3 Visa. For the foreign spouse of a U.S. citizen traveling to reside in the U.S. while awaiting final completion of their immigration. The spouse’s children can enter the U.S. with a K-4 Visa.
  • Intercountry Adoption. For adopting children outside of the US.
  • Employment-Based Immigration. For qualified applicants under the provisions of US immigration law. The EB-5 Visa falls under the Employment Fifth Preference (E5). 

Nonimmigrant Visas

  • B-1/B-2 Visitor Visa. For people traveling to the US for business or pleasure, or for medical treatment. 
  • Temporary Worker/Employment or Trainees (H, L, O, P, Q, R). For temporary, nonimmigrant workers petitioned by US employers or agents.
  • Student Visa. For foreign citizens who wish to study in the US.
  • Exchange Visitor Visa. For foreign citizens participating in exchange programs.
  • Journalist and Media Visa. For representatives of the foreign media traveling to the US to engage in their profession while having their home office in a foreign country.
  • Treaty Trader (E-1) and Investor (E-2) Visa. For citizens of countries with treaties of commerce and navigation with the US. Azerbaijan is a treaty country of the USA.
  • A Visas. For Azerbaijani government officials entering the U.S. for temporary or permanent assignment.
  • Transit/Ship Crew Visa. For foreign citizens traveling in immediate and continuous transit through the US en route to a foreign destination.

What is the Most Popular State in the United States for Azerbaijan Investors to Migrate to?

Most Azerbaijanis settle in the U.S. states of New York, New Jersey, Texas, California, and Minnesota according to the U.S. Census 2000 data.

What is the Current Retrogression Situation for Azerbaijani Investors?

There is no retrogression in the EB 5 application for Azerbaijani investors. Eligible Azerbaijani investors are able to obtain their EB5 Visas faster compared to applicants from backlogged countries such as India and China.

What are the Issues Experienced by the Azerbaijan Citizen with the EB-5 Visa?

The two common issues with the EB 5 Visa application for Azerbaijan investors are meeting the minimum number of jobs and investment amount for the EB 5 project. The Azerbaijan investor’s business plan should reflect the certainty that the EB-5 project will generate a minimum of 10 new full-time American employees. The jobs should be sustained for at least 2 years or until the Azerbaijani investor files their I-829. Additionally, the Azerbaijani investor needs to prove that the EB-5 investment was acquired legally and will be used entirely for the EB-5 project. Documents such as proof of ownership and registration, income tax returns, bank account reports, and salary reports should be submitted to the USCIS to prove the lawful source of EB5 investment.

What is a Targeted Employment Area?

A targeted employment area (TEA) is a region in the United States where the threshold for investment is $800,000 (1.3 M AZN) for Azerbaijan investors under the EB-5 Program. The 2 kinds of TEAs are high-unemployment areas and rural areas. Azerbaijani investors benefit from investing in a TEA Project because of the priority processing for their petitions and an allotment of reserved visas under the Reform and Integrity Act (RIA) of 2022. The priority processing and visa set-asides quicken the process of obtaining an EB5 Green Card. 

What Other Countries can Invest in the EB-5 Visa Program?

There were nearly 100,000 foreign investors who obtained permanent residence in the United States via the EB-5 Program from 2012 to 2022 according to “The United States EB-5 Program” by Investment Migration Insider. About 80% of EB5 investors come from South Korea, Taiwan, China, and the United Kingdom. 

Is USA a Good Foreign Market to Invest in for Azerbaijan  Citizens?

Yes, the United States has a stable and welcoming EB-5 market for Azerbaijan investors. The United States gives access to one of the largest consumer marketplaces in the world, a strong legal system, tax advantages, and reliable infrastructure.

Can EB-5 Visa Attorney Speed Up the Process of EB-5 Visa?

No, an EB-5 Visa Attorney does not necessarily speed up an EB 5 Visa application since the approval and processing are controlled primarily by the USCIS and the State Department. An EB5 Visa Attorney helps Azerbaijani investors by preventing delays from processing errors and documentation issues.

Is Obtaining an EB-5 Easy for Azerbaijani Investors?

Azerbaijan investors are able to obtain their EB-5 Visas faster because of the “current” visa bulletin and lack of retrogression in the application for Azerbaijanis. Azerbaijani investors are not subject to extra wait times, unlike investors from backlogged countries.

Can an Azerbaijani National Apply for EB 5 while on H1B?

Yes, an Azerbaijani citizen with a valid H-1B Visa is eligible to apply for the EB5 Visa. The H1B Visa is for foreign professionals hired by US employers to work in specialty occupations. An Azerbaijani citizen on H-1B Visa can file their I-526 and I-485 concurrently as per the Reform and Integrity Act (RIA).

Can an Azerbaijan Investor Borrow Money for EB-5 Visa?

Yes, Azerbaijan investors can use loans and borrowed money for their EB-5 Visa application. The EB5 Loan has to be secured by the assets and collateral of the Azerbaijan investor and not the EB-5 project. 

Can an International Student from Azerbaijan with an F-1 Visa Apply for EB5 Visa?

Yes, a student from Azerbaijan on F-1 Visa can apply for the EB-5 Visa. The F1 Visa is a nonimmigrant visa that allows entry into the US for foreign students under academic programs. The Azerbaijani student on a valid F1 status can file the I-526 and I-485 petitions concurrently for faster EB 5 Visa processing in the USA. 

Can an Azerbaijan  Citizen Invest in the United States?

Yes, an Azerbaijani citizen is able to invest in the United States through the EB5 Visa and the E-2 Visa. The E2 Treaty Investor Visa is a nonimmigrant visa that allows nationals of treaty countries to invest in a US business. Azerbaijan has an existing treaty with the U.S. and is eligible for the E2 Visa.

The E-2 Treaty Investor Visa does not have a direct path to US Permanent Residency, unlike the EB-5 Visa. A substantial investment of at least $150,000 (255 K AZN) is required for an E-2 Visa investment. There is no requirement for minimum job creation for E2 Visa investors. 

Does an Azerbaijan Citizen Need a Visa for USA?

Yes, Azerbaijan nationals will have to secure a visa prior to entering the United States. Different U.S. Visas are available to Azerbaijan nationals depending on purposes such as employment, studies, tourism, and immigration.