Requisites and benefits of the EB-5 Visa

RESIDENCE (GREEN CARD) FOR INVESTORS

The EB-5 American Visa is a method that allows foreigners to obtain a Green Card after investing money in United States. To obtain the Visa, a person must invest a million dollars USD 1,000,000 or at least five hundred dollars USD 500,000 in a high unemployment area or in a regional center creating at least 10 employments.

REGIONAL CENTER

3,000 out the 10,000 investors visas (EB-5) available yearly are destined to those who apply in conformity with a pilot program related to a “Regional Center”.

A regional center is an entity, organization or approved agency, centered in a specific geographical area within the United States seeking to promote the economical development thru the increment of exports, regional productivity, new employments and the increase of an investment.

The “foreign investors” must:

1. Demonstrate that the “qualified investment” (see ahead) has been made in an company located within the approved Regional Center.

2. Show, using reasonable methods, that in fact ten or more employment have been created thanks to the new company, whether they are directly or indirectly generated.

ELIGIBILITY REQUISITES

– The permanent residence based on a EB-5 is available for single or married investors with single children.

– All investors that have invested or are in the process of investing the required amount of:

1. At least $ 1000,000

2. At least $ 500,000 as long as investment is made in an area that has experienced unemployment or at least 150% on the national average or a designated rural area.

– Demonstrate that the investment will benefit the economy of the United States and create the required number (no less than ten) full time jobs for qualified people in the US.

– Demonstrate that the investment comes from a legal fund source.

– Demonstrate that the investors are actively participating in the business.

There are 4 types of investments that can be made:

1. Creation of a new business.

2. The purchase of an existing business.

3. The expansion of an existing business.

4. The purchase of a loss business.

– The amount doesn’t have to be entirely in cash. Transferred assets and loans obtained can be considered as long as the debt is guaranteed by the assets property of the investor.

– There is no limit in the number of investors that can qualify using the same business. However, each investor must invest the minimum amount required and the created employment must be 10 times the number of qualified foreign investors.

BENEFITS OF THE EB-5

– Financial opportunities.

– Green Card for the immigrant’s spouse and children under 21.

– Accelerate the citizenship process of the United States.

– Access to education paying costs as a local.

– The process for this category is faster compared to other EB categories.

– English speaking or a minimum level of studies isn’t needed.

– You can live and work anywhere in the USA.

FREQUENTLY ASKED QUESTIONS

– How many immigrant visas are assigned for the EB-5 program?

A total of 10,000 visas per year. 3,000 are reserved for foreigners that invest in designated regional centers, directed employment areas and other qualified rural areas.

– Am I obliged to be competent in English or have a minimum of education?

There are no requisites for English or a minimum education.

– Am I obliged to live in the same state where the investment was made?

No, you aren’t. The investor can live anywhere in the USA. He can also travel out of the country but it is suggested to limit it only six months of the year.

– What is an employment area?

An employment area is a rural zone that has experience an unemployment rate of a 150% of the national average

– When can I leave the investment?

USCIS regulations say that your investment must stay in its place until the elimination of the conditions around three years and a half after the investment.

– When is it necessary that the employment be created?

The employment posts must be created within 2 years after the approval of the petition.

– Is the immigration status granted to the investor valid for an indefinite period?

First, it is a conditional permanent resident status valid only for two years. It is necessary to eliminate the condition thru the presentation of an application within 90 days after this state. The creation of the company, the investment of the required capital and the creation of new employments must be demonstrated.

– What happened if jobs aren’t created?

If jobs aren’t created, the investor won’t be able to obtain the elimination of the conditions of permanent residence, and lose his legal status in the USA. If there’s going to be a delay in the creation of jobs, the investor can apply for a new petition and obtain other 2 years of conditional residence.

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