The EB-5 Program was established by Congress in 1990 to promote the American economy by allowing foreign investors to create jobs and invest cash in the United States. The Immigrant Investor Program, also known as the Regional Center Program, was established by Congress in 1992 to provide EB-5 visas to participants who invest in commercial companies linked with regional centers that have been approved by USCIS based on plans for economic growth.
The EB5 Visa is the equivalent of a Golden Visa in the United States. It allows the holder to live, work, study, or retire in the United States without having to look for job. If you want to receive a US EB-5 visa, you must invest a significant amount of money in the United States, just like other Golden Visa kinds. As a result, this visa is appropriate for extremely rich internationals seeking a Green Card or citizenship in the United States.
There are two types of investments that qualify you for an EB-5 visa:
- Investing $900,000 or more in a Targeted Employment Area (TEA). Investing in a government-approved initiative in a rural area or an area with a high unemployment rate.
- Outside of a TEA, a direct investment of at least $1.8 million is required. You can either invest in or start your own business in the United States, but you must ensure that it fits the USCIS standards.
Investment in Regional Centers – EB-5 Visa
The USCIS operates a number of Regional Centers across the country with the goal of promoting economic growth in specific areas. The list of approved EB-5 Immigrant Investor Regional Centers can be found here.
If you invest in a TEA, you must show that your investment has directly or indirectly produced at least ten employment. Indirect jobs are those created as a result of a commercial enterprise’s investment, but the individuals hired work for other businesses. These could be positions in the business enterprise’s supply chain.
The great majority of EB-5 petitions are processed through Regional Centers, as most investors are more interested with the immigration element of their investments than with the financial return.
Direct Investment – EB-5 Visa
When you make a direct EB-5 investment, you either start your own business in the United States or buy an existing one. You will have to make a larger investment, at least double the amount, because the investment is outside the USCIS-approved TEA.
You must also show that your investment/business directly created at least 10 new employment, and you must have an active part in the company.
The USCIS will ask you to establish that your investment fits their requirements when you apply for an EB-5 Visa. You must supply the following documents:
- Documentary evidence that you have either invested in, or are in the process of investing in, a for-profit new commercial enterprise founded after 1990; or purchased a for-profit new commercial enterprise founded before 1990 but reorganized to create a new enterprise; or Invested in a for-profit new commercial enterprise founded before 1990 but your investment resulted in at least a 40% increase in net worth or number of employees.
- Demonstrate that you will be in charge of or oversee the new business.
- Evidence that your investment – directly or indirectly – has resulted in the creation of at least ten new full-time employment. Alternatively, if ten new positions are not currently required, present a complete business plan demonstrating that they will be.
- Evidence that the new personnel will be with you for at least two years.
- Proof that you’ve paid the required Investment:
- Proof that the money you put into your investment was obtained legally. E.g:
- Records of foreign business registrations
- Returns for corporations, partnerships, and individuals
- Any additional source of capital must be proven.
- Proof of any pending civil or criminal actions brought against you by a court in the United States or anywhere in the world in the preceding 15 years (if applicable).
- This is your passport.
- Photographs that are large enough to fit in a passport.
- Birth and marriage certificates are examples of civil documents.
- Medical Examination Forms that have been completed.
EB-5 Visa Holders’ Family Members
The following family members can join you in the United States if you are granted an EB-5 Visa:
- Your partner – If you and your spouse were married at the time you entered the US as a resident or when you changed status from a conditional resident to a permanent resident after two years, you are both eligible for conditional and permanent residency. Spouses of the same gender are also eligible. A common-law spouse is ineligible.
- Your kid –. Any children under the age of 21 who accompany you will be eligible for conditional or permanent residence. This applies to biological children, adopted children, and stepchildren. You must be able to show that your parents are legitimate. If your child is under the age of 21 and married, he or she will not be eligible for the visa.
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