What are the Other US Visa Available for Libya Nationals?
Foreign nationals who want to enter the US must have a U.S. Visa stamped on their passport. Libyan nationals are required to obtain a US Visa at a U.S. Embassy or Consulate that is aligned with the reason for their trip. Immigrant Visas are issued to Libyan nationals who meet the requirements to enter and remain in the United States as Permanent Residents. Libyan nationals can travel to and stay in the US on a temporary basis using Nonimmigrant Visas.
The following are the US Visas available to Libyan nationals.
- 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).
- 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.
- A Visas. For Libyan 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 Current Retrogression Situation for Libyan Investors?
There is no retrogression (backlog) for the EB-5 Visa for Libya investors. Investors from Libya have never faced any backlogs in the application process for EB-5 and are not expected to have any in the future.
What are the Issues Experienced by the Libya Citizen with the EB-5 Visa?
Issues for EB-5 Libya investors include the OFAC sanctions on their country, proving lawful sources of funds, and consular processing for an immigrant visa. Libya investors will have to consult an EB 5 Attorney to analyze their sources of funds and develop the best way to transfer these to the USA as well as obtain the needed OFAC licenses. EB5 Libya investors outside the US will have to apply for their immigrant visas at the U.S. Embassy of Tunisia or other U.S. embassies or consulates due to the suspended U.S. Embassy operations in Libya.
What is a Targeted Employment Area?
A targeted employment area (TEA) is a region of the United States with a minimum EB 5 investment requirement of $800,000 (LD 3.8 M Libyan Dinar). A TEA Project is located in a special economic zone, such as a rural or high-unemployment area. In addition to having lower capital requirements, participating in a TEA Project has various advantages for Libyan investors. According to the 2022 EB-5 Reform and Integrity Act (RIA), TEA investors enjoy priority processing for their petitions and issuance of reserved visas. The provision of reserved visas and priority processing helps Libyan investors apply for EB5 Green Cards more quickly.
What Other Countries can Invest in the EB-5 Visa Program?
According to “The United States EB-5 Program” by Investment Migration Insider, between 2012 and 2022, the EB5 Immigrant Investor Visa helped almost 100,000 foreign investors become permanent residents of the United States. Over 80% of these EB5 investors come from China, Taiwan, South Korea, the United Kingdom, and Taiwan.
Is USA a Good Foreign Market to Invest in for Libya Citizens?
Yes, Libyan investors gain access to one of the largest consumer markets in the world, a reliable legal system, advantageous tax laws, and a good infrastructure by investing in the United States. The EB-5 Visa is a dependable route to obtaining Permanent Residence in the US for Libyan investors and their dependents.
Can EB-5 Visa Attorney Speed Up the Process of EB-5 Visa?
No, an EB-5 Visa Attorney is unable to speed up the EB-5 application process for Libyan investors. The USCIS and the DOS are in charge of evaluating and processing EB 5 applications. Services of EB5 Visa Attorneys include minimizing application delays brought on by errors, organizing Libyan investors’ documents for success, and guaranteeing compliance with U.S. immigration rules.
Is Obtaining an EB-5 Easy for Libyan Investors?
Libya investors are able to obtain their EB-5 Visas with less difficulty because of the “current” Visa Bulletin status and lack of backlogs in the application for Libya. Libyan investors are not subject to additional wait times, unlike investors from countries with visa retrogression such as China and India.
Can a Libyan National Apply for EB 5 while on H1B?
Yes, Libyan nationals with H-1B Visas are able to apply for an EB5 Visa. H1B Visa holders are foreign employees engaged by US employers in specialty occupations. Libyan H1B employees in the US are allowed by the RIA to submit both their I-526 and I-485 forms concurrently for speedier processing without having to leave the US.
Can a Libya Investor Borrow Money for EB-5 Visa?
Yes, loans can be used by Libyan investors as EB-5 Visa investments. The personal property and collateral of the Libyan Investor, not the EB 5 Project, must serve as security for the EB5 Loan to be accepted.
Can an International Student from Libya with an F-1 Visa Apply for EB5 Visa?
Yes, a Libyan student with an F-1 Visa qualifies as an EB-5 Visa candidate. An F1 Visa is a nonimmigrant visa that enables foreign students to study in the US in academic programs. A Libyan student with a valid F1 status is eligible to file the I-526 and I-485 petitions simultaneously in order to speed up the EB 5 Visa application process while in the USA.
Can a Libyan Citizen Invest in the United States?
Yes, a citizen from Libya is able to invest in the United States through the EB5 Visa and indirectly through the E-2 Visa. The E-2 Treaty Investor Visa is a nonimmigrant classification for treaty country investors who are making a substantial investment in a US business. Treaty countries maintain a treaty of navigation and commerce with the US. Libya is a non-treaty country and Libyan investors have to gain citizenship from a treaty country before applying for the E-2 Visa.
The E2 Treaty Investor Visa is not a U.S. Permanent Residence program, unlike the EB-5 Visa. A substantial investment of at least $150,000 (LD 723 K Libyan Dinar) is required for an E2 Visa investment without the need for minimum job creation.
Does a Libyan Citizen Need a Visa for USA?
Libyan citizens traveling to the US must first get a US Visa. Libyan nationals looking to relocate to the US must obtain an immigrant visa while temporary Libyan visitors must apply for a nonimmigrant visa.