EB-5 Immigrant Visa

Green Cards through Investment (also called the Fifth Preference Green Card or EB-5) are available to anyone who invests a certain amount of money in the United States by creating a business or expanding one that already exists.

The investor must be active in the management of the company. A number of investors may join together in creating or expanding a U.S. business so that each applicant may qualify for an Investor Green Card through one single company. However, the individual investment of each applicant must still meet the minimum qualifying amount, and each investor must be separately responsible for the creation of new jobs.

EB-5 Regional Center

A Regional Center is defined by any economic unit, public or private, engaged in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. Prior law required the investment in the Regional Center to generate an increase in export sales, however statutory amendments in 2000 and 2002 no longer require this increase. The individual receiving the visa is not required to actively manage the business invested in. For investors who wish to invest in a new or existing business, have an active role in the management of the operation, and have at least one million US dollars to invest, then the traditional EB-5 visa is the best option. But for those who would prefer a passive role in the management of their investment, do not wish to be involved in the creation of the 10 U.S. full time jobs, and would rather limit their investment to $500,000 USD, then the Regional Center, or EB-5 Pilot Program is the better immigration option.

EB-5 Investors

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.

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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.