I am an F-1 student from mainland China. I am currently studying in the U.S. My parents have been thinking about gifting me the capital to invest in EB-5. However, many are saying that it takes more than 10 years for mainland China-born investors to get a conditional green card. This makes me wonder whether the program is still worth the time and expenses. What other options do Chinese investors like me have to get a green card?
There are other paths to a green card. However, it is advisable that you consult an immigration attorney to over your options particularly in situations that are not necessarily investment-oriented but employment-based.
Other options include filing an EB-1 or EB-2 petition. EB-1 can be based upon your extraordinary abilities and you are in the top 1% of your field. You may be an intracompany transferee executive of a large multinational company. The EB-2 is based upon your expertise being used in the national interest of the U.S.
A consultation with an experience business immigration can find you many options.
EB-2/3 employment sponsorship are not good but better. And if there was a legitimate marriage to someone other than a China-born person, EB-5. If your spouse were born in Hong Kong, for example, you wait time will drop to about 2 years. Here you can be cross-charged to a shorter waiting line.
Currently, the other EB categories are not as backlogged. If you get a job offer and have the company sponsor you, that could also be an alternative venue. By the way, I think 10 years, for the EB-5, for a mainland China-born investor is currently very optimistic. The realistic waiting time is significantly higher than that.
You can process through an employment-based green card processing as an alternative if you have an employer that is willing to go through the petitioning process. Or you also have the option for processing through family-based if you have a family member (i.e., spouse, immediate family member) who is a U.S. citizen/LPR.
One option many Chinese citizens are pursuing is obtaining economic citizenship in Grenada and obtaining an E-2 visa by starting an individual business in the United States while waiting for an EB-5. Yes, it takes many years for China-born applicants to obtain the EB-5 green card. If you were to marry a person born in any country other than China, Vietnam or India, there would likely be no waiting line.
This is case specific. You may want to consult with your immigration attorney to discuss what options are available for you.
L-1A or direct green card with an employer sponsor are the two most common.
