An Overview of an EB-5 Invester VISA
This article provides basic
information related to an EB-5 Investor visa and its benefits. For those
investors with $500,000.00 US to $1,000,000.00 US, they may be able to obtain
Permanent Residency in the US in less than three years.
There are two monetary investment
options for the investor. For those individuals willing to invest in an area
defined by the USCIS as a “targeted employment area”, the required investment
is $500,000.00 US. 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. This can also include a rural 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.
Individuals can also seek a “TEA” designation
if not already defined by the USCIS. For all others investing outside a “TEA”
defined zone, the required investment will be a minimum of $1,000,000.00 US.
In addition to the monetary
investment, there must also be the creation of a minimum of ten full time employees
for the business. They can be either US citizens or US permanent residents, but
not family members. The USCIS will verify these ten employees are being
maintained by the company before final approval of the complete green card.
The next consideration of the
investor is whether they will desire to be directly or indirectly involved in
their investment. If they are going to open a business on their own, they will
require hiring a professional business planner to develop and assist with
document submissions to the USCIS. Expect to pay $7000.00 for these support
services. In addition, this individual will be working full time to oversee the
business and its employees.
For those individuals who do not
want to be directly involved in their investment, they can invest their monies
in USCIS EB-5 approved Regional Investment Centers. These centers offer various
projects the monies can be invested in, including “TEA” projects and assist
with providing documentation to the USCIS. An attorney cannot select or
recommend a particular project to invest in, as it is the investors duty to
conduct their own fiduciary research. The investor needs to be diligent to
select a sound project as the total investment monies could be lost, or the
project fails to attain required employment goals or profitability, thereby
resulting in the failure to obtain permanent residency.
When an individual has selected an
appropriate investment, the attorney assists with the preparation of the USCIS
petitions. The investor ,within six months , receives a conditional green card
valid for two years. Prior to the expiration of the two years, documentation
evidencing the continued employment of the ten employees and financial
viability of the investment are examined. If all conditions have been met, the
investor is then given complete US residency.
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