EB-5

Overview

The EB-5 Investor Program was established in accordance with a Congressional desire to stimulate U.S. economic activity and create U.S. jobs in exchange for giving eligible foreign investors the opportunity to become lawful permanent residents.

The EB-5 Immigrant Investor Visa Program is the easiest path to Green Cards for foreign investors who want to give their children an American education, or who want live or work or retire in the United States.

The EB-5 Immigrant Investor Visa Program provides Green Cards for foreign investors, their spouses and unmarried children under the age of 21.

Investment Choices

There are two major choices for the EB-5 Investor:

  1.   Opening, operating and managing a new business in the United States
  2.   Investing in a United States Citizenship and Immigration Services approved Regional Center The individual business option usually requires a $1,000,000 investment and direct management of the company. The Regional Center option almost always requires a $500,000 investment and does not require direct management. Regional Center investors are usually shareholders or limited partners.

Both the individual business and the Regional Center options are required to create 10 American jobs. The big difference is that the individual business must document actual employees in the business and the Regional Center can count both direct and indirect employees. This makes it much easier for Regional Centers to create the necessary jobs and it also reduces the risk to the Foreign Investor.

This is the reason that over 90% of EB-5 Investors from around the world choose the Region Center investment option. This is true even if Investors want to start their own companies in the U.S. Many still choose the Regional Center for their Green Cards and then come to the U.S. and open a company. That way they don’t have government examining where their money is being spent and about how the companies are creating the required jobs. There is also much less risk with a Regional Center.

EB-5 Benefits

EB-5 immigrant visa benefits include:

  • A direct route to a Green Card
  • No day-to-day business management with the regional center investment
  • Permanent residency in the United States for you, your spouse and any children under 21
  • Live, work, study and/or retire anywhere in the United States
  • Become a U.S Citizen after 5 years of being a green card holder
  • No Quota Backlogs. There are many delays and backlogs for employment and family based green card categories but there is no backlog for the EB-5 Visa Investor category.
  • No Sponsor Needed. Foreign investors use their own personal funds and do not require sponsorship from either an employer or a family member.

Investment Amount

The individual business option usually requires a $1,000,000 investment and direct management of the company. The Regional Center option almost always requires a $500,000 investment and does not require direct management. Regional Center investors are usually shareholders or limited partners.

For foreign investors who wish to live, work or retire in the USA and can afford to invest
$500,000 to $1,000,000, the EB5 investment visa is an opportunity worth considering. Professionals, business people, foreign students, retirees and current non-immigrant visa holders are among people that have chosen to take advantage of the EB-5 investment visa opportunity

Investment Process

The Investment Process:

  • Document the Legal Source of your Investment Funds
  • Investigate Your Investment Choices
  • Choose your Investment
  • Apply to become an EB-5 Immigrant Investor
  • Apply for your two year green card for you and each family member
  • Maintain the Investment
  • Create 10 U.S. Jobs
  • Apply to remove the 2 year condition for your green cards.

Job Creation

Both the individual business and the Regional Center options are required to create 10 American jobs. The big difference is that the individual business must document actual employees in the business and the Regional Center can count both direct and indirect employees. This makes it much easier for Regional Centers to create the necessary jobs and it also reduces the risk to the Foreign Investor.

Immigration Process

The Immigration Process:

  • Invest between $500,000 and $1,000,000 in a new business or in a USCIS approved regional center and file a petition with the USCIS.
  • When the petition is approved you may adjust you status if you are in the U.S. or apply for an immigrant visa at a U.S consulate if you are outside the U.S. You will receive a two year conditional green card.
  • In two years, when your investment has been maintained and ten new full-time U.S. jobs were created, you apply to the USCIS to for your permanent green card.

Conditional Green Card and Removing Conditions

Your spouse and unmarried children under the age of 21 may be admitted to the U.S. with you on the same two-year conditional period. As lawful permanent residents (Green Card holder) your spouse and children will be authorized to work or attend school in the U.S. If your petition to remove conditions is approved at the end of the two years, the conditions will also be removed from your spouse and children’s Green Card status.

Conclusion

The Immigrant Investor EB-5 Program, especially the regional center option, is becoming more and more popular. The recent success rate is consistently greater than 80% and with careful planning and good counsel the success rate could be higher.

There are 10,000 visas available in this category each year. So far that limit has never been
reached and there is no waiting period for an EB-5 visa. This may change in the future as more investors from around the world are choosing this method to obtain green cards for themselves and their families.

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