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OVERVIEW

United States Citizenship and Immigration Services (USCIS) oversees lawful immigration into the U.S.A. as mandated by the U.S Congress.

The EB-5 Immigrant Investor Program is an opportunity for foreign nationals interested in permanent residency in the U.S. to reside in America.The EB-5 visa for Immigrant Investors is a United States visa created by the Immigration Act of 1990. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the visa, individuals must invest at least $1,000,000 USD, creating at least 10 jobs  By investing in certain regional centers with high unemployment rates, the required investment amount is $500,000. The Immigrant Investor Pilot Program was created by Section 610 of Public Law 102-395 on October 6, 1992. This was in accordance to a Congressional mandate aimed at stimulating economic activity and job growth, while allowing eligible aliens the opportunity to become lawful permanent residents.

BASIC REQUIREMENTS

• The investor must invest $1 million USD or $500,000 USD if investing in certain regional centers in targeted employment areas\

• Investment Funds are from a lawful source

• Investment will make a positive impact 

• The investor must create 10 full-time jobs for U.S. workers

• Investment funds must be at risk

• There are no requirements as to age, nationality,work experience or entrepreneur achievements

• The investor must start or invest in an established business or Regional Center in the U.S.

Island and Resort has operating Regional Centers ready for Investors -  CONTACT US

GENERAL INFORMATION for EB-5 INVESTORS:

• No prior business experience is required. Likewise, the investor is not required to demonstrate any minimum level of education. The only requirement for the investor is that he/she has the required net worth and capital

• No need to speak English

• Investor must be in good health

• Assets invested must be lawfully gained and source of funds identified

• Money may be gifted by a parent or relative within approved guidelines

FAMILY:

• Husband, wife may accompany and are eligible

• Unmarried children under 21 may accompany and are eligible

• Dependent Status: Temporary/2 Years - Permanent therafter

• It is possible for adopted children to be included in the family if adopted under the age of 16

 PROCESS:

• Once approved for the EB-5 immigrant visa, the investor receives a "conditional" Green Card, which must be reissued after two years and is subject to removal of certain conditions.

• One year and nine months after it is issued, there is a three-month window during which the investor must file another application with the USCIS to certify that all of the funds have been invested and employment created in a regional center whether directly or indirectly.

• When the conditional resident status has been lifted, full resident status is granted and a permanent Green Card is issued.

• Once you obtain a Green Card and become a legal permanent resident, you have most of the rights and obligations of a U.S. citizen, except that you cannot vote and you are not entitled to some public benefits. You are subject to the same tax filing requirements, tax rates and deductions as U.S. citizens.

• One of the most important rights legal permanent residents possess is the right to obtain U.S. citizenship after five years.

Mexican and Canadian NAFTA Professional Worker

• Applicant is a citizen of Canada or Mexico;
• Profession is on the NAFTA list;
• Position in the U.S. requires a NAFTA professional;
• Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
• Professional Canadian or Mexican citizen has the qualifications of the profession  

• Request for admission under TN status to Department of Homeland Security, Customs and Border Protection, U.S. immigration officer;
• Employment Letter - Evidence of professional employment. See Employment Letter below;
• Proof of professional qualifications, such as transcripts of grades, licenses, certificates, degrees, and/or records of previous employment;
• Proof of ability to meet applicable license requirements;
• Proof of Canadian citizenship- Canadian citizens may present a passport, as visas are not required, or they may provide secondary evidence, such as a birth certificate. However, Canadian citizens traveling to the United States from outside the Western Hemisphere are required to present a valid passport at the port-of-entry;
• Fee of U.S. $50

• An application, Nonimmigrant Visa Application, Form DS-156, completed and signed. The DS-156 must be the March 2006 date, electronic "e-form application." Select Nonimmigrant Visa Application Form DS-156 to access the electronic version of the DS-156. Important Notice: At certain U.S. Embassies and Consulates abroad, nonimmigrant visa applicants are now required to apply visa using the new DS-160 Online Nonimmigrant Visa Electronic Application, instead of the nonimmigrant application forms DS-156, 157, 158, and other related forms. Learn more and find out which Embassies have converted to the DS-160 Online process.  
• Supplemental Nonimmigrant Visa Application, Form DS-157 provides additional information about your travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. For this purpose nationals of the following countries designated as state sponsors of terrorism, including Cuba, Syria, Sudan, and Iran must submit the supplemental form. Select Special Processing Procedures to learn more. You should know that a consular officer may require any nonimmigrant visa applicant to complete this form. Here is Form, DS-157.
• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States (unless country-specific agreements provide exemptions).
• One (1) 2x2 photograph. See the required photo format explained in Nonimmigrant Photograph Requirements. A photograph is not required if you are applying in Mexico.
• Letter of employment in the United States (see below)

• That their stay is a temporary period that has a reasonable, finite end that does not equate to permanent residence.

• Activity in which the applicant shall be engaged;
• Purpose of entry;
• Anticipated length of stay;
• Educational qualifications or appropriate credentials demonstrating professional status;
• Evidence of compliance with DHS regulations, and/or state laws; and
• Arrangements for pay.
• Although not required, proof of licensure to practice a given profession in the United States may be offered along with a job offer letter, or other documentation in support of a TN visa application.

• Nonimmigrant visa application processing fee - For current fees for Department of State government services select Fees.
• Visa issuance fee – Additionally, if the visa is issued, there will be an additional visa issuance reciprocity fee, if applicable. Please consult the Visa Reciprocity Tables to find out if you must pay a visa issuance reciprocity fee and what the fee amount is. If there is a fee for issuance for the visa, it is equal as nearly as possible to the fee charged to United States citizens by the applicant's country of nationality.

• Education Requirement- The applicant's employer must submit proof that the applicant meets the minimum education requirements or has the alternative credentials set forth in NAFTA agreement, chapter 16 appendix 1603.d.1. Evidence of professional qualifications may be in the form of degrees, certificates, diplomas, professional licenses, or membership in a professional organization. Degrees, diplomas, or certificates received from an educational institution outside the United States, Canada, or Mexico must be accompanied by an evaluation by a reliable credentials evaluation service specializing in evaluating foreign documentation.
• Work Experience Requirement - Document proving to the applicant's experience should be in the form of letters from former employers. If the applicant was self-employed, business records should be submitted proving that self-employment.

• Proof of Canadian citizenship;
• Proof of relationship to the principal applicant, such as marriage certificate and birth certificate; and
• Photocopies of entry documents of the principal applicant.

• If the applicant is in the U.S., employer may file Form I-129 Petition for Non-immigrant Worker with the US Citizenship and Immigration Services’ (USCIS) Nebraska Service Center; or 
• Applicant may apply at a port of entry using the same application and documentation procedures above as required for the initial entry.

• No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.
• Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid U.S. visitor visa in an expired passport, do not remove the visa page from the expired passport. You may use it along with a new valid passport for travel and admission to the United States.

• You should carefully consider the dates of your authorized stay and make sure you are following the procedures under U.S. immigration laws. It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status.
• Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S.  Select Classes of Aliens Ineligible to Receive Visas to learn more.
• Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized, even by one day, results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S. your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality. 
• For nonimmigrants in the U.S. who have an Arrival-Departure Record, Form I-94 with the CBP admitting officer endorsement of Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (e.g. you are no longer working for the same employer or you are no longer attending the same school), a DHS or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay.

• Questions on visa application procedures and visa ineligibilities should be made to the American consular office abroad by the applicant. Before submitting your inquiry, we request that you carefully review this web site and also the Embassy Consular web site abroad. Very often you will find the information you need.
• If your inquiry concerns a visa case in progress overseas, you should first contact the U.S. Embassy or Consulate handling your case for status information. Select U.S. Embassy or Consulate, and you can choose the Embassy or Consulate Internet site you need to contact.