For foreign investors looking for freedom and flexibility to live and work in the U.S., the EB-5 investor category can provide an excellent opportunity to accomplish this goal through the obtaining of Green Cards, for themselves, their spouse and children under 21 years.
Allows for conditional residency for persons who either invest either $1,000,000 or $500,000 in a commercial enterprise that employs 10 workers full time.
There are two types of EB-5 programs, i.e. the Regular program and the Regional Center program.
The investment may consist of the contribution of various forms of capital, including cash, equipment, inventory, property, and other tangible equivalents. An investment amount of $500,000 U.S. dollars is acceptable if the business is situated in a “targeted” employment area – one that has experienced unemployment of at least 150% of the national average rate or a rural area, as designated by the U.S.
The second program within the EB-5 category, i.e. the Regional Center program, is ideal for the passive investor due to the indirect employment feature of this program. Thus, for those who are not interested in the day to day management or running an active business Regional Center programs offer a more acceptable inactive form of investment, than do most Regular program investments.
Another advantage of the Regional Center programs that adds to the flexibility of this Green Card is that the investor is not required to live in the place of investment; rather he/she can live wherever they wish in the United States.
The procedure for filing an EB-5 Investor Green Card petition is relatively straightforward. The investor must present evidence that traces the funds through bank transfers and other documentation, from the investor directly to the enterprise. The money can be the investors own funds or in the form of a loan of gift, which would allow a parent to gift a son or daughter.
Once USCIS approves the investor’s Green Card, it is conditional for a period of two years. Conditional Green Card status confers the same rights as the permanent Green Card. Between 21-24 months after the conditional Green Card has been approved, the investor must reconfirm that the investment has been made or is still in place and that the employment requirement has been fulfilled or maintained. An application to remove the conditional Green Card status is filed with USCIS. Once the condition has been removed a permanent Green Card is granted.
Do not require sponsorship from either an employer or family member.
Spouse and children under the age of 21 included; can seek employment and education.
No quota backlog for the Eb-5 category.
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