EB-5 Visa Category - Overview
The EB-5 visa category was created by Congress in the Immigration Act of 1990 to encourage the flow of foreign capital into the U.S. economy and to create jobs for U.S. workers. There are 10,000 available visas in the EB-5 visa category annually, 3,000 of which are reserved for foreign investors who want to participate in an EB-5 pilot program designed for targeted investments in approved regional areas.
EB5 Privileges
• The EB-5 Visa holder and their qualifying family members (spouse and unmarried, minor children) receive a "conditional" green card.
• After two years, if the investor has complied with the terms and conditions in the original EB-5 Investment Visa application, he or she can apply for an “unconditional" green card.
• EB-5 investors and their families can live anywhere in the U.S.
• The EB5 visa category allows investors to retire to the USA.
• In a Regional Center program the applicant does not need to manage the day-to-day affairs of a business and does not need to be sole investor.
EB5 visa requirements
• The applicant must establish a business or invest in an existing business that was created or restructured after November 19, 1990.
• The alien must have invested $1 million (or $500,000 if investing in a USCIS designated regional center) in the business.
• The business must create at least 10 full-time jobs for U.S. workers.
• The EB-5 investor must demonstrate that the investment capital was "lawfully gained" and the required capital is at risk for investment purposes.
• The investor must enter the United States within 180 days of visa issuance.
• The EB-5 visa holder is not required to be physically in the U.S. for any given amount of time, but must demonstrate the "intent" to be a resident. This includes:
o Renting or buying a home
o Opening bank accounts
o Obtaining a social security number
o Obtaining a driver’s license
o Paying applicable taxes
EB5 pilot program
In order to encourage immigration through the EB-5 category, the Regional Center program was created. This program reduces the required investment sum to $500,000 USD if the commercial enterprise that receives the investment is situated in a Targeted Employment Area (TEA). The Regional Centers program does not require the immigrant investor enterprise itself to employ 10 U.S. workers. It only requires that 10 or more jobs are created indirectly as a result of the investment.
Contact an Immigration Attorneys
If you want to apply for an EB-5 Investor Visa we encourage you to contact our experienced immigration attorneys for a consultation.
Jose M Serrano
12001 SW 128 Ct Suite 104 Miami, Fl 33186
Cel: 305.283.0492 Tel: 305.635.5000 Fax: 305.635.5600
http://www.newmiamirealty.com/
RAMB RCA Board of Governors
Multifamily specialist for the non-institutional investor
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3 comments:
It should also be noted that the eb5 investor visa can be had for a $500,000 figure if the investment is made to an area where the unemployment rate is below the national average. So there are in fact several ways the requirements for this visa can be met.
The eb5 investor visa is a great device. It strongly and directly support the U.S. economy. In addition to gaining a visa, the investor may watch his fund grow, as any investment has its potential rate of return. Although monetary benefit for the investor is not a key feature of this program.
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