Legally immigration through investment: EB-5

The EB-5, fifth employment-based visa preference is intended to encourage the flow of capital into the U.S. economy and to promote employment of U.S. workers. To accomplish these goals and so that foreign investors may obtain immigration benefits for having made an investment, the program mandates the minimum capital that foreign investors must contribute and it mandates that 10 full-time jobs must be created on account of each investment. In addition to the return that investors hope to achieve on their investment, foreign investors and their qualifying family members for permanent residence in the United States. You and your immediate family can now obtain green cards (Permanent US Residency) with an EB5 visa by investing $500,000 into a Government approved Regional Center. It will give each of you the security of permanent US residence without repeated visa applications. Citizenship may be obtained after five years. With a Green Card via an EB5 investment visa you will have the flexibility to take any job, run any business, retire and live anywhere in the USA. You will have access to many of the benefits enjoyed by US citizens, such as education and in States.

Overview

Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. §1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 3,000 are set aside for those who apply under a pilot program involving a USCIS-designated “Regional Center.”

A Regional Center:

• Is an entity, organization or agency that has been approved as such by the Service;
• Focuses on a specific geographical area within the United States; and,
• Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

Alien investors:

• Demonstrate that a “qualified investment” (see below) is being made in a new commercial enterprise located within an approved Regional Center; and,
• Show, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased doemstic capital investment resulting from the pilot program.

Eligibility

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested – or are actively in the process of investing – the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

In general, “eligible individuals” include those:

Who have invested – or who are actively in the process of investing – in a new commercial enterprise:

• At least $1,000,000
• At least $500,000 where the investment is being made in a “targeted employment area,” which is an area that has experience unemployment of at least 150 per cent of the national average rate or a rural area as designated.
• Whose engagement in a new commercial enterprise will benefit the United States economy.

• Create full-time employment for not fewer than 10 qualified individuals.
• Maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a “troubled business,” which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

History of the EB-5 Program

• Congress created the EB-5 Program in 1990 as part of a general overhaul of the legal immigration system.
• To qualify, a foreign investor must establish a new commercial enterprise in which he or she must invest at least USD $1 million in  designated area.
• Under the Pilot Program, which is recently created part of the EB-5 program, if the investment is in a rural or high unemployment area $500,000 will suffice.

• 3,000 foreign investors a year may qualify under the Pilot Program.
• The investment still must create or save at least 10 full-time jobs for U.S. citizens, permanent residents, or other immigrants authorized to work in the United States.

Benefits of the EB-5 Program

• Excellent Immigration Benefits
• Strong Financial Opportunities
• Diversify Risk
• Gain Access to U.S. for You and Your Family
• Expedite the Path to Citizenship

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For more information on this or any other topics contact the offices of J. David Peña at 305.373.5550 or info@myvisausa.com