|
Contact Us
Invest America EB-5 LLC
Regional Center
7100 East Belleview Ave, Ste 350
Greenwood Village, CO 80111
Tel: (303) 984-9800
Fax: (303) 984-9800
Email: info@investamericaeb5.com
|
|
VISA Process
HISTORY OF EB-5 VISA
The EB-5 is an Employment-Based 5th Preference visa which was created by the Immigration Act of 1990. It provided for 10,000 immigrant visas per year to qualified individuals seeking permanent resident status on the basis of their investment in a new commercial enterprise. Due to disappointing results with this original immigrant investor program, in 1993, Congress enacted the Immigrant Investor Pilot Program, commonly referred to as the “Regional Center Program.” A Regional Center is defined as an economic unit which is involved with the promotion of economic growth, which includes improved regional productivity and job creation.
REQUIREMENTS
Under Section 203(b)(5) of the Immigration and Nationality Act (INA), 8 USC §1153(b)(5), 10,000 immigrant visas are available annually to qualified individuals seeking permanent resident status on the basis of their investment in a new commercial enterprise.
All EB-5 investors must invest in a new commercial enterprise, which 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
-
The Investor's investment in the new commercial enterprise must create at least 10 full time jobs for U.S. Citizens, lawful permanent residents and other immigrants lawfully authorized to be employed in the United States.
-
This new commercial enterprise can be located in a Regional Center. A Regional Center is an entity, organization or agency that has been approved as such by the USCIS. It seeks to promote economic growth and improved regional productivity. The Investor must demonstrat that the qualifying investment is being made within an approved Regional Center.
-
The investment 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. The ten workers cannot include the investor or the investor’s immediate family.
-
To qualify, a foreign investor must establish a new commercial enterprise in which he or she must normally invest at least $1-million. If the investment is in a rural or high-unemployment area, known as a Target Employment Area (“TEA”), only $500,000 is required.
-
PROCESS
-
**Maybe include step by step explanation**
-
BENEFITS OF INVESTING IN A REGIONAL CENTER
-
No sponsor needed
-
No language requirement needed
-
No minimum education requirement
-
No direct management responsibilities required
-
Investor funds can be in the form of a loan or gift
-
Investment capital from any lawful source
-
There is no quota waiting list for the EB-5 program
-
Limited partnership with no business management experience requirement
-
Offers a more inactive form of investment for those not interested in day-to-day management or running of an active business
-
Job creation requirement satisfied by counting both direct and indirect jobs
-
3,000 EB-5 Green Cards are set aside for qualifying immigrants who participate in an EB-5 Regional Center program
-
Investor not required to live in the place of investment; rather, he or she can live anywhere he/she wishes in the United States
|
|
How Long Does it Take to Get an EB-5 Green Card?
The entire process generally takes about 8-12 months, depending on where the Green Card processing occurs. Prior to filing the I-526 petition, time is required for the client to conduct a due diligence, obtain source of funds documentation, and make the investment. I-526 adjudication currently takes about 6 months.
Generally, after the I-526 is approved, if an individual is in lawful status in the U.S., he/she can apply for Adjustment of Status to Conditional Residence which currently takes about 12+ months. If not in the United States, he/she will apply for an Immigrant Visa at a home country Embassy or Consulate, which typically takes about 6 months or longer depending on the country. Times may vary depending on the facts of each case. How many EB-5 Green Cards are Available?
Almost a third of the 10,000 EB-5 Green Cards (3,000) are set aside for qualifying immigrants who participate in an EB-5 Regional Center program that primarily targets designated high unemployment areas across the United States
What is an EB-5 Green Card?
The Immigration Act of 1990 established the EB-5 Immigrant Investor Visa Program to create U.S. jobs by attracting foreign capital to the United States. Every year 10,000 EB-5 Green Cards are available. There is no quota waiting list for EB-5, unlike H-1B and H-2B nonimmigrant visa classifications, and most EB-2 and EB-3 immigrant classifications where the demand far exceeds the supply.
Almost a third of these 10,000 EB-5 Green Cards (3,000) are set aside for qualifying immigrants who participate in an EB-5 Regional Center program that targets high unemployment areas across the United States.
The EB-5 Green Card program has three basic requirements:
- The alien must establish a U.S. business or invest in an existing business that was created or restructured after November 19, 1990.
- The alien must have invested $1 million (or only $500,000 when investing in a Targeted Employment Area) in the business.
- The business must create full-time employment for at least 10 U.S. workers.
What is the “Regular” EB-5 Program?
In order for an applicant to qualify under the EB-5 Regular program, the following three basic requirements must be met:
- Investment in a new commercial enterprise.
- Investment of at least $1 million (or $500,000 in certain cases) into the business, and creation of employment for at least 10 full-time U.S. workers.
The investment may consist of various forms of capital, such as cash (including a gift or loan), equipment, inventory, property, and other tangible equivalents. An investment amount of $1 million is generally the minimum. However, $500,000 is acceptable if the business is situated in a “targeted employment area” (TEA), i.e., one that has experienced unemployment of at least 150 percent of the national average rate or a rural area. Who Qualifies for an EB-5 Green Card?
Qualified EB-5 candidates must be able to invest either $1 million or $500,000 in a U.S. business, depending on the program selected. Ideal EB-5 prospects include but are not limited to:
- Parents who seek a U.S. education for their children, but do not want to be actively involved in business management
- F-1 student who wants to start a business
- Entrepreneurs
- CEO/Managers of a U.S. company who are not an L-1 transferee
- Doctors who have not passed USMLE 1, 2 and 3
- Foreign national investors in a U.S. business who do not want to be active in the business
- Individual owners of a non-U.S. business who want to set up a U.S. business, but who cannot use an L-1 because owner intends to close the foreign business
|
