EB-5 (Green Card for $500,000) Many countries around the world have immigrant investor programs. The most successful countries attracting immigrant investment are Canada, Australia, the United Kingdom and the United States. The EB-5 Immigrant Investor Visa is available to immigrants seeking to enter the United States in order to invest in a new commercial enterprise that will benefit the U.S. economy and create at least 10 full-time jobs. There are three ways to invest within the EB-5 category: 1) Creating a new commercial enterprise 2) Investing in a troubled business 3) or Investing in a USCIS approved Regional Center. The EB-5 immigrant investor visa program offers more advantages and fewer constraints than any other visa program in the world. The U.S. has no requirements as to age, business training, management skills, language skills, prior experience, employment, or any further re-qualification necessary to retain immigrant status. The investor, their spouse and unmarried children (under 21 and unmarried) all enjoy the benefit of permanent residency in the U.S. (Green Card). New Business Enterprise In order to qualify the investor must: Invest or be in the process of investing at least $1,000,000. If your investment is in a designated Targeted Employment Area (TEA) then the minimum investment requirement is $500,000. A TEA is an area that has experienced high unemployment of at least 150 % of the national average. Benefit the U.S. economy by providing goods or services to U.S. markets. Create or preserve full-time employment for at least 10 U.S. workers. This includes U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S. However, this does not include the investor, , his or her spouse, or children. Be involved in the day-to-day management of the new business or directly manage it through formulating business policy. The investor may assume the position of a corporate officer or board member of the business in order to fulfill this requirement. The investor’s source of funds to fund the investment must be from a lawful source. Troubled Business In order to qualify the investor must: Evidence that the investment is made in a designated Regional Center according to the approved regional center business plan. Evidence, if applicable, that the business has been established in a targeted employment area. Evidence that you have invested or are in the process of investing the amount required ($1,000,000 or $500,000). Evidence that the investment funds were obtained through lawful means. Evidence that your investment in the Regional Center will create at least 10 direct or indirect full-time jobs. EB-5 regional center advantages Investors may work, live, or own their own proprietary businesses anywhere in the U.S. The EB-5 investment program does not require immigrant investors to manage their investment on a daily basis, but rather they are allowed to “actively engage" in a business enterprise. In other words, the investors assume the role of limited partner, which allows them to pursue other professional or personal ventures. As a permanent resident, the investor and his or her family are free to return to their homeland for visits or business purposes, as long as residence is maintained in the United States. Should the investor and his or her family elect to become U.S. citizens, the time spent as conditional permanent residents is credited towards the five year lawful permanent residency requirement for U.S. citizenship. Procedure The investor must first choose whether to invest in a new enterprise, a troubled business, or a USCIS approved regional center. After the choice is made, the investor’s immigration attorney begins the process of gathering the necessary documentation to complete and submit the Immigrant Petition by Alien Entrepreneur (USCIS from I-526). After form I-526 is approved, overseas investors must attend an interview at a U.S. Consulate abroad. Before and during the interview the investor and his or her family, undergo medical, police, security and immigration history checks before the conditional permanent resident visas are issued. If the investor is legally in the U.S., then he or she will submit an application to adjust status to the appropriate to the appropriate USCIS office in the U.S. The entire application process takes between nine to twelve months. Upon approval, the investors and immediate family members are issued the status of a conditional permanent resident (Temporary Green Card) for a period of two years. The investor must enter the U.S. within 180 days if visa is issued at a U.S. Consulate overseas. Upon entry in to the U.S., the investor must show proof of intent to remain a U.S. resident. Residence is evidenced by opening bank accounts, obtaining a drivers license or social security number, paying state and federal income taxes, and renting or buying a home. The investor may work overseas if required to do so based upon the nature of his or her business or profession. The investor must file USCIS form I-829 within the 90-day period immediately before the second year anniversary of admission to the U.S. as a conditional permanent resident in order to remove the temporary conditions from his and his family’s green cards. Upon successful removal of the temporary conditions, the investor and his family become permanent residents and are eligible to apply for citizenship within three years. The attorneys at the Law Office of Yuri Tsyganov, PL., have extensive experience in all issues concerning immigration law, including EB-5 Investor Visa Petitions. We know how the immigration process works and the questions and issues you can expect during the EB-5 investment process. We have experience assisting individual investors as well as investors who chose to invest with a regional center. Our Law Firm only works with the most reputable Regional Centers which have demonstrated a proven track record of success. We make sure that the investment, as well as the immigration process, are simplified for each and every investor and will do everything in our power to help make your transition to life in the U.S. as seamless as possible. We would be more than happy to meet with you at your convenience and answer any questions that you may have. Call today for a Free Consultation.
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