EB5

What is EB5 Visa?

The EB-5 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 $1,000,000 (or at least $500,000 in a Targeted Employment Area - high unemployment or rural area), creating or preserving at least 10 jobs for U.S. workers excluding the investor and their immediate family. Initially, under the first EB-5 program, the foreign investor was required to create an entirely new commercial enterprise; however, under the Pilot Program investments can be made directly in a job-generating commercial enterprise (new, or existing - "Troubled Business"), or into a "Regional Center" - a 3rd party-managed investment vehicle (private or public), which assumes the responsibility of creating the requisite jobs. Regional Centers may charge an administration fee for managing the investor's investment.

EB-5 GREEN CARD VISA FOR ENTIRE FAMILY

* EB-5 permits the applicant to migrate to the nation through US Green Card with dependent spouse and children below 21 years * EB-5 Visa is an employment based immigration category that requires the applicant to be involved with a new commercial enterprise in the US which benefits American economy, by creating at least 10 full time direct/indirect jobs. * The applicant must invest at least US $500,000 in a "Target Employment Area" . The new commercial enterprise may have multiple owners.

EB-5 Visa Benefits

  • Fastest methods to gain permanent residency in the United States for the investor, his/her spouse, and unmarried children under 21 years of age
  • Freedom to live and work anywhere in the U.S., without any restrictions.
  • Education benefits such as access to public elementary, middle, and high-school schools and lower cost in-state tuition at public colleges and universities
  • No visa sponsorship requirements
  • No language skills required.
  • No age restrictions.
  • No minimum education requirements.
  • Ability to sponsor Green card for relatives.
  • No travel restrictions.
  • EB5AN focuses on projects with structural downside protection (Safer and more diversified asset allocation)
  • In the event of a political change / significant event in the investor's home country, he/she and family can immediately gain entry to the U.S. without delay.
  • Potential for U.S. Citizenship after minimum 5 years of established permanent residency in the U.S.
  • Allows dual citizenship after 5 years.
  • No IELTS needed

About EB-5

EB-5 program, created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise

  • Established after Nov. 29, 1990, or
  • Established on or before Nov. 29, 1990, that is:
  • Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
  • Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs
  • Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:
  • A sole proprietorship
  • Partnership (whether limited or general)
  • Holding company
  • Joint venture
  • Corporation
  • Business trust or other entity, which may be publicly or privately owned
  • Job Creation Requirements
  • certain circumstances, within a reasonable time after the two-year period) of the immigrant investor's admission to the United States as a Conditional Permanent Resident.
  • Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under Create or preserve either direct or indirect jobs:
  • A qualified employee is a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. The individual may be a conditional resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation.

    Full-time employment means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week. In the case of the Immigrant Investor Pilot Program, "full-time employment" also means employment of a qualifying employee in a position that has been created indirectly from investments associated with the Pilot Program.

    A job-sharing arrangement whereby two or more qualifying employees share a full-time position will count as full-time employment provided the hourly requirement per week is met. This definition does not include combinations of part-time positions or full-time equivalents even if, when combined, the positions meet the hourly requirement per week. The position must be permanent, full-time and constant.

Capital Investment Requirements

Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital shall be valued at fair-market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) shall not be considered capital for the purposes of section 203(b)(5) of the Act.

Note: Investment capital cannot be borrowed. Required minimum investments are:
  • General. The minimum qualifying investment in the United States is $1 million.
  • Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.

A targeted employment area is an area that, at the time of investment, is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate.

A rural area is any area outside a metropolitan statistical area (as designated by the Office of Management and Budget) or outside the boundary of any city or town having a population of 20,000 or more according to the decennial census.

PATH TO GREEN CARD (IN DAYS)

0 – Subscription & Escrow Agreement, Funds & Docs Requirement

1 – Prepare I-526 for Green Card

7 - I -526 Completed, filed & submitted at USCIS

25 - USCIS issues a receipt of I-526 – Conditional Green Card

PATH TO GREEN CARD (MONTHS)

17 – Conditional Green Card Issued

17 - Go to U.S Consulate for Visa Stamp

18 – Fly to America to collect conditional Green Card

42 - File I-829 to file for permanent Green Card

48 - Get permanent Green Card

60 - $500,000 returned

78 - Filing of American Citizenship

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