• Visa Information/Paperwork

Overview

Overview 

In 1990, Congress mandated the EB-5 visa program to create jobs for Americans while stimulating foreign capital investment. Subsequently, a pilot program creating the regional center concept was passed into law. The EB-5 Program is administered by the United States Citizenship and Immigration Services (USCIS) which oversees the lawful immigration into the U.S.A. as mandated by the U.S Congress. 

The future of the EB-5 program is very promising. An increasing number of people are aware of its existence, its utility and benefits. The number of investors engaged in the program with responsible and viable regional centers is continuing to grow as they view the program as a fast track to U.S. residency wrapped in a valuable investment.

More politicians and economic development officers understand the nuances of the program that has infused more than $7 Billion of foreign capital investment into the United States and has created or saved at least 140,000 jobs over the last six years. 

The EB-5 program is a win/win platform for the U.S. economy, U.S. sponsors and foreign investors alike.

Eligibility & Requirements 

  • The investor must start or invest in an established business or Regional Center in the U.S. 
  • The investor must invest $1 million USD or $500,000 USD if investing in certain regional centers in rural or targeted employment areas.
  • The investor must create 10 full-time jobs for U.S. workers directly or indirectly.
  • Investor must be in good health.
  • Assets invested must be lawfully gained and source of funds identified.

Benefits 
There are significant benefits of the EB-5 regional center pilot program which include:

  • Creation of U.S. jobs
  • A significant source of investment capital for developers
  • A path to permanent residency for foreign investors
  • A unique investment opportunity for foreign 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.
  • Husband, wife and any of their unmarried children under the age of 21 are eligible. It is possible for adopted children to be included in the family if adopted under the age of 16.

The EB-5 Process 

  • Once approved for the EB-5 immigrant visa, the investor receives a "conditional" Green Card, which is subject to removal of certain conditions after two years.
  • One year and nine months after the conditional green card 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 that the requisite employment positions have been created by the 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.

 

 

Getting a Green Card as a Investor

Getting a Green Card as an Investor:

  1. Step one: File a Visa Petition: ( I-521)
  2. 1) Evidence that investment funds were obtained lawfully, including:

                                          i) Tax returns for you and your business from your home country.

                                          ii) Financial statement for your business.

                                          iii) Personal and business bank statements for previous 12 months.

                                          iiii) Letters from members of the business community confirming your occupation and your successes.

2) Evidence that you have established a lawful, active business entity in the U.S., or else invested enough in an existing business to make its net worth or          number of employees go up by at least 40%, such as:

                                          i)Articles of incorporation, or other business license of the company, together with a notarized affidavit from an official of the company certifying who owns the business and in what percentage.

                                          ii)Copies of all outstanding stock certificates, if the business is a corporation.

                                          iii)Evidence of payment for equity (match wire transfer value to stock ledger share value).

                                          iiii) Notarized affidavit from the secretary of the corporation, stating the names of each owner and percentage of the company owned.

                                          iv) Credit agreements with suppliers.

                                          v) Evidence that you transferred capital resulting in a 40% or higher gain in number of employees or net worth.

                                          vi) Payroll records of the company for the past two years, if available.

 3) Evidence that you came by the capital lawfully, such as tax returns of the company for the past two years.

 4) Evidence that you are in the process of making an investment, such as:

                                           i) Accountants’s financial statements, including profit and loss statements and balance sheets of the company for the past two         years.

                                           ii) Bank wire transfer memos showing the amount of money sent to the U.S. from abroad.

                                            iii) Bank statements indicating the average account balance of the business.

                                            iv) Evidence of deposits of funds in the business’s bank account..

                                            v) Comprehensive business plan with cash flow projections for the next three years.

                                             vi) Contracts for purchase and bills of sale for the purchase of capital goods and inventory.

                                             vii) Lease agreements for the business premises, contracts to purchase, deeds for business real estate, or construction contracts and blueprints for building the business premises.

5) Evidence that you will be in a managerial or policymaking role, such as a written statement explaining your duties or documentation showing your position within the company or on its board of directors.

6) Evidence that the business will create at least ten full-time positions for U.S. citizens, permanent or conditional residents, or immigrants with permission to work, such as tax records, or a business plan showing future hires.

7) Detailed written statement summarizing the business, where the investment is coming from, how the investment will be used, and an itemization of full-time positions that will be filled with qualifying workers, including duties, salaries, and when each job will become  available.

8) If applicable, evidence certifying that the business is located in a rural or high-unemployment area.

 2. Step two: Adjustment of Status

Form I-485, filing fee $1,010.00 for applicants between ages 14 and 79,

$600.00 for applicants under age 14 who are filing with a parent, and $930.00 for applicants under 14 who are not filing with a parent.

1) If you are living outside of the U.S. Now:

Long-form birth certificate for you and for each accompanying relative as well as for any unmarried minor children who are not immigrating with you.

Marriage certificate if you are married.

If either you or your spouse have been previously married, copies of divorce and death certificates showing termination of all previous marriage.

Passport for you and for each accompanying relative, valid for at least six months beyond the date of the final interview.

Police certificates from every country in which you and each accompanying relative has lived for at least six months since age 16.

Fringerprings, if specifically requested by the consulate ($85).

2 passport type photos for each person.

Medical exam report for each person.

2) If you are living inside of the U.S. Now:

Work permit: $ 340.00

Travel Document: $ 305.00

Others.

3. Step three: Enter the U.S. within 6 months.

4. Step four: Converting your conditional residence into permanent residence: (after  2years)

                        Filling fee:$2850.00 and $80 for each dependent.

                        Made investment.

                        10 employee.

Summary

EMPLOYMENT BASED FIFTH PREFERENCE (EB 5 PROGRAM)

A Summary

 The US employment based fifth preference for lawful permanent residency was created in 1990 and is currently administered by the USCIS.

 The program annually sets aside 10,000 permanent residency (green cards) for immigrants who make a qualified investment into a new commercial enterprise which will create no less than ten qualifying full time employment positions for US citizens or residents per investor.

 Investors receive a conditional residency after taking the risk in a qualified investment of their own creation or as part of a partnership or limited liability company in a regional center. The investor may then apply for a removal of the conditional status two years after receiving such status at which time it must be shown that the ten qualifying positions have been created.

 The required investment level is $1,000,000 USD, unless the investment is made into a business located in a targeted employment area (TEA, i.e. rural area of city populations with less than 20,000 persons) at which time a reduced investment of $500,000 USD is required. The targeted area may encompass a city, town, county, or parts thereof, or even an entire state.

 The petition for residency is submitted to the USCIS at the service center by detailing the source of funds being invested, the establishment of the new commercial enterprise, that the capital is at risk, that a minimum of ten jobs will thusly be created, and that the investor will be involved in the management of the enterprise to a degree.

 A ‘new’ business may be defined as the creation of an entirely new enterprise, the purchase of an existing business with the job creation  component with  the simultaneous restructuring of the business and expansion via investment of the required capital so that there is a substantial increase (40% or more) in net worth where employees all count as new within the commercial enterprise.

 A ‘qualifying’ employee is a US citizen or other lawfully admitted permanent resident excluding the investor immigrant and must be engaged in full time employment or a minimum of 35 hours per week.

If there is a loan to the enterprise, it must be constitute a risk in that it cannot be returned but for the success of the enterprise.

Most applications take about six months to review with an additional six months or more to finalize consular processing or adjustment of status.