Immigration through Investment – Part 1

10,000 immigrant visas per year are available to qualified investors who want to get a Green Card by creating a new commercial enterprise. The minimum investment is One Million Dollars. It is also possible to invest only $500,000 if the business will be located in a rural area or an area where unemployment is at least 150 percent of the national average rate. This is called a Targeted Employment Area.

Out of these 10,000 EB-5 visas that are available each year, 3,000 are set aside for those who create a new business in an area that USCIS calls a "Regional Center." Creating a new business in a Regional Center, just requires an investment of Five Hundred Thousand Dollars. The Regulations for Regional Centers are quite different so we will discuss those in a future program.

In general, those who are eligible for an EB-5 visa are investors who are

· creating an original business, or
· purchasing an existing business and then restructuring the business so that a new commercialenterprise results, or
· expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or
· retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months.

The EB-5 applicant must invest at least $1,000,000 in an ordinary area, or at least $500,000 in a "targeted employment area".

The new business must benefit the United States economy and must create full-time employment for at least 10 qualified employees. Or, if the investment is being made in a “troubled business”, the investor must maintain the number of existing employees for at least two years.

In order to get an EB-5 investor visa, you must file Form I-526, with supporting documentation which clearly demonstrates that the investment meets all requirements, such as:

· establishing a new commercial enterprise,
· investing the required amount of capital,
· proving the investment comes from a lawful source of funds,
· creating the required number of jobs,
· demonstrating that the investor is actively participating in the business. Unlike traditional work-related green cards, the EB-5 investor does not have to be involved in the day-to-day operation of the new commercial enterprise. Simply, the EB-5 regulations require involvement in management or policy making.

The investor’s spouse and unmarried children under the age of 21 may be admitted to the U.S. on a two-year conditional period. As a lawful permanent resident (Green Card holder), the spouse and children will be authorized to work or attend school in the U.S.

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Q.1. How do EB-5 investors get their Conditional Green Card?
A.1. First, immigrant investors set up the business and obtain approval of the Form I-526. After that, they file Form I-485, Application to Register Permanent Residence or Adjust Status. In order to get the permanent Green Card, investors must file a Form I-829 within 90 days before the second anniversary of getting Conditional Permanent Residence.

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Q.2. After a Green Card investor gets his permanent Green Card, how long does he have to wait to apply for US citizenship?
A.2. He can apply for a permanent Green Card after two years and then must wait five more years to apply for US citizenship.
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ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru

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