The EB-5 Visa for Kazakhstan investors is an immigrant visa that grants Permanent Residence (Green Card) in the United States through investment. The EB-5 Visa for Kazakhstani investors enables applicants and their dependents to permanently stay in the United States. Kazakhstan investors have to invest minimum capital that creates at least 10 full-time jobs for U.S. citizens to qualify for the EB5 Immigrant Investor Program.
Kazakhstan investors do not face backlogs in the application process for EB-5 Visa. The lack of retrogression in the processing of the EB 5 Visa for Kazakhstani investors is an advantage in the growth of the EB-5 market for Kazakhstan investors. Kazakhstan investors and their dependents can live, work, and travel anywhere in the U.S. with an EB5 Green Card. Children of Kazakhstan investors can study in the top educational institutions in the US as EB 5 Visa dependents.
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What is EB-5 Visa for Kazakhstan Investors?
The EB-5 Visa for Kazakhstan investors is an immigrant visa that grants Permanent Residence (Green Card) in the United States to eligible applicants. The EB-5 Visa for Kazakhstan investors allows for an initial 2-year Conditional Permanent Residence (Green Card) that enables applicants and their families to live and work without restrictions in the US. The EB5 Visa for Kazakhstan investors requires a minimum capital investment in a new commercial enterprise (NCE) in the United States. The EB5 investment has to create at least 10 full-time jobs for U.S. citizens.
What are the Benefits of EB-5 Visa for Kazakhstani Investors?
Kazakhstani investors and their dependents enjoy the following benefits with an EB-5 Visa.
- Permanent residence in the US. Kazakhstani investors, their spouses, and 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 Kazakhstani investors who want to expand their businesses and investments outside of their country.
- Education in the US. Kazakhstani investors can send their children to the top educational institutions in the US. These are the benefits enjoyed by minor children of Kazakhstani 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.
- Kazakhstani investors enjoy greater international mobility through the visa-free travel privileges available to US green cardholders.
What are the Risks of EB-5 Visa for Kazakhstani Investors?
These are the risks in applying for an EB-5 Visa for Kazakhstani investors.
- Investment risk. An EB5 investment does not guarantee a return on capital. The primary benefit of the EB 5 for Kazakhstani investors is the ability to obtain a U.S. Green Card.
- Immigration risk. Making an EB 5 investment does not automatically result in a U.S. Green Card. The Kazakhstani investor needs to continuously meet all the requirements of the EB5 Visa within the 2-year Conditional Residency to be eligible for Lawful Permanent Residence.
- Fraud risk. Firms or individuals can claim to be migration brokers or immigration consultants that operate under the EB5 Program. The Kazakhstani investor should conduct due diligence and research an EB-5 entity 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 Kazakhstan Investors?
The average processing time for the initial EB-5 petition for Kazakhstani investors is between 29.5 to 61 months. The initial application for an EB 5 Visa for Kazakhstan investors begins with the filing of the Immigrant Petition by Standalone Investor (Form I-526).
How Long is an EB5 Visa Valid for Kazakhstan Investors?
An EB-5 Visa for Kazakhstan investors grants an initial Conditional Green Card that is valid for 2 years. The Kazakhstan investor must file a petition to remove the conditions on his/her Green Card to obtain Lawful Permanent Residence in the US, valid for 10 years.
What are the Requirements for an EB-5 Visa for Kazakhstani Investors?
These are the EB 5 Visa requirements for Kazakhstani investors.
- Investment amount. The “at risk” investment for the EB5 Visa for Kazakhstani investors can be any of the following.
- A minimum investment of $800,000 USD (₸355 M KZT) 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 (₸466 M KZT) for a non-TEA.
- Source of funds. Kazakhstani investors can use any of the following as EB5 funds along with sufficient documentation of their lawful sources.
- Business profits
- Salaries/wages
- Inheritance
- Loans from a financial institution or from an individual
- Gifts from an individual
- Job creation. The EB5 Visa for Kazakhstani investors requires the creation of at least 10 full-time jobs for American citizens.
The financial criteria for the EB-5 Visa for Kazakhstani investors are the following.
- Net worth of $1,050,000 (₸466 M KZT) for an individual or married couple; or
- Minimum of $200,000 (₸88 M KZT) in individual income in each of the 2 previous years; or
- Minimum of $300,000 (₸133 M KZT) in joint income in each of the 2 previous years; and
- Comparable level of future income and assets.
What is the Age Requirement for Kazakhstan Investors to Get EB-5 Visa?
There’s no age limit for the EB-5 Visa. Any Kazakhstan 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, a Kazakhstani 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 Kazakhstan Investors?
These are the costs of an EB 5 Visa for Kazakhstan investors.
- EB-5 investment
- $800,000 (₸355 M Kazakhstani Tenge) for a TEA investment
- $1,050,000 (₸466 M Kazakhstani Tenge) for a non-TEA investment
- Form I-526- $3,675 (₸1.6 M Kazakhstani Tenge)
- Application to Register Permanent Residence or Adjust Status (Form I-485)- $1,140 (₸506 K Kazakhstani Tenge)
- Petition by Investor to Remove Conditions on Permanent Resident Status (Form I-829)- $3,750 (₸1.6 M Kazakhstani Tenge)
The U.S. Citizenship and Immigration Services (USCIS) issues 10,000 EB-5 Visas a year.
The National Bank of Kazakhstan (NBK) is the regulatory body that has framework and monetary policy for moving assets and money outside of Kazakhstan.
How can I Transfer EB-5 Funds from Kazakhstan?
Kazakhstan 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 acquired and transferred lawfully. Kazakhstan investors have to transfer the EB 5 investment fund into the EB 5 project’s escrow account prior to filing Form I-526. An escrow account is an interest-bearing bank account. An escrow account keeps huge sums of money for businesses until all transactions are complete. The EB5 escrow agreement should state that the entire amount of required capital will be invested in the EB-5 project. The bank holding the escrow account should show no relationship to the Kazakhstan investor and the EB-5 project.
What is the Priority Date for EB5 Visa for Kazakhstani Investors?
The EB5 Visa for Kazakhstan investors remains on “current” status according to the U.S. Department of State (DOS) Visa Bulletin. “Current” status means that there is no backlog (retrogression) in the application for EB-5 Visa for Kazakhstani investors.
How Long Does it Take to Acquire an I-526 Approval for the Kazakhstani Investor under EB 5?
The approval of an I-526 for Kazakhstani investors can take between 29.5 to 61 months. The USCIS processing of I-526 depends on the nature of the case and the service center processing the application.
How can a Kazakhstan Citizen Immigrate to the United States Using the EB-5 Program?
The process of immigration for Kazakhstan investors using the EB-5 Program involves 6 steps.
- Petitioning for an EB-5 Visa. Filing of the I-526 petition to the USCIS.
- Applying for an EB5 Visa. USCIS must approve form I-526 prior to applying for the EB5 Visa.
- Applying from overseas. Filing of the Online Immigrant Visa and Alien Registration Application (Form DS-260) with the U.S. Department of State (DOS).
- Applying within the US. Filing of Application to Register Permanent Residence or Adjust Status (Form I-485) with USCIS. Kazakhstan 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.
- Granting of EB-5 Visa.
- Obtaining conditional permanent residence. A Conditional Green Card grants Kazakhstani investors and their dependents the same rights as Lawful Permanent Residents.
- Removing conditions on permanent residence. The I-829 petition is submitted to USCIS within the 90-day period prior to the second anniversary as a Kazakhstani EB5 investor in the US.
- Gaining lawful permanent residence. An Unconditional Green card is valid for 10 years and renewable unlimitedly.
What is the EB-5 Visa Statistics for Kazakhstan Investors?
There are 3 EB 5 Visa released to Kazakhstani investors in FY 2024 according to the Report of the Visa Office 2024 from the U.S. Department of State (DOS).
What are the Challenges for Kazakhstan Investors for EB-5?
Kazakhstan investors face specific challenges when applying for the EB-5 Visa. The first is the ability to meet the minimum investment capital. The Kazakhstan investor should be prepared to supply the minimum investment and prove a legal source of EB 5 funds. The second challenge that Kazakhstani investors face is the risk of losses in the EB5 project. There is no guarantee of capital repayment in the EB5 project. The main benefit of the EB-5 Visa for Kazakhstani 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 solve these challenges of the EB-5 Program for the Kazakhstani investor.
What is the Best Project to Invest in with an EB-5 Visa for Kazakhstan Investors?
EB-5 Projects are US businesses created from the capital of immigrant investors. The best EB-5 Projects for Kazakhstan investors include real estate, hotel construction, and restaurant industries. These projects have consistent demand and generate more than enough jobs to help meet each investor’s minimum job creation requirement.
What Does the Future Hold for EB-5 Investors from Kazakhstan?
Kazakhstani investors do not face backlog (retrogression) in the application for EB-5 Visa. The “current” status of EB 5 Visa for Kazakhstan investors is an advantage in the growth of the EB5 market for Kazakhstan investors.
What are the Other US Visa Available for Kazakhstan Nationals?
Immigrant and nonimmigrant visas are issued to Kazakhstan 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 available to foreign citizens who wish to enter the United States temporarily. 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 Kazakhstan 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. Kazakhstan is a treaty country of the USA.
- A Visas. For Kazakhstani 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 Kazakhstan Investors to Migrate to?
Most Kazakhstani immigrants live in the U.S. state of Virginia according to the Kazakh American Association.
What is the Current Retrogression Situation for Kazakhs Investors?
There is no retrogression in the EB 5 application for Kazakhstani investors. Eligible Kazakhstani 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 Kazakhstan Citizen with the EB-5 Visa?
The two common issues with the EB 5 Visa application for Kazakhstan investors are job creation and inadequate proof of funds. The Kazakhstan investor’s business plan should prove that the EB-5 project will be able to create a minimum of 10 new full-time American employees. The jobs should be sustained for at least 2 years or until the Kazakhstani investor receives their Unconditional Green Card. Additionally, the Kazakhstan 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 funds.
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 (₸355 M KZT) for Kazakhstan investors to qualify for the EB-5 Visa. The two kinds of TEAs are high-unemployment areas and rural areas. Kazakhstani investors should take advantage of investing in a TEA Project to get priority processing for their petitions and an allotment of reserved visas as per 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 Taiwan, China, South Korea, and the United Kingdom.
Is USA a Good Foreign Market to Invest in for Kazakhstan Citizens?
Yes, the United States has a stable and welcoming EB-5 market for Kazakhstan investors. The U.S. has a robust legal system, tax incentives, reliable infrastructure, and access to one of the top consumer global markets.
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 adjudication and processing are controlled by US government agencies. An EB5 Visa Attorney helps Kazakhstani investors by preventing delays from processing errors and documentation issues.
Is Obtaining an EB-5 Easy for Kazakhstani Investors?
Kazakhstan investors are able to obtain their EB-5 Visas faster because of the “current” visa bulletin status of the application for Kazakhstan. Kazakhstani investors do not face extra wait times, unlike investors from backlogged countries.
Can a Kazakhstani National Apply for EB 5 while on H1B?
Yes, a Kazakhstani citizen with a valid H-1B Visa can apply for the EB5 Visa. The H1B Visa is for foreign professionals hired by employers to work in specialty occupations in the US. A Kazakhstani citizen on H-1B Visa can file their I-526 and I-485 concurrently as per the Reform and Integrity Act (RIA).
Can a Kazakhstan Investor Borrow Money for EB-5 Visa?
Yes, Kazakhstan investors can use loans for their EB-5 Visa application. The EB5 Loan has to be secured by the assets and collateral of the Kazakhstan investor and not the EB-5 project.
Can an International Student from Kazakhstan with an F-1 Visa Apply for EB5 Visa?
Yes, a student from Kazakhstan on F-1 Visa can apply for the EB-5 Visa. The F1 Visa allows entry into the US for foreign students under academic programs. The Kazakhstani 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 a Kazakhstan Citizen Invest in the United States?
Yes, a Kazakhstani citizen is able to invest in the United States through the EB5 Visa and the E-2 Visa. The E2 Visa is a nonimmigrant visa that allows nationals of treaty countries to invest in a US business. A treaty country maintains a treaty of commerce and navigation with the US. Kazakhstan 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 a green card, unlike the EB-5 Visa. A substantial investment of at least $150,000 (₸66 M KZT) is required for an E-2 Visa investment. There is no requirement for minimum job creation for E2 Visa.
Does a Kazakhstan Citizen Need a Visa for USA?
Yes, Kazakhstan nationals will have to secure a visa to be able to enter the United States. Different U.S. Visas are available to Kazakhstan nationals that are specific to their purposes which include employment, studies, tourism, and immigration.