Why to choose an EB-5 visa?
These are the 5 major advantages of the EB-5 visa: Includes a family-sized bundle of visas. Spouses and all unmarried children under the age of 21 years all qualify for visas under the principal EB-5 investor's application. World-class education opportunities for the same rate that citizens pay. ... No restrictions on where to live, work, or travel because EB-5 can be a passive investment. ... More items...
What are the total costs of an EB-5 visa?
Here's a breakdown of roughly the total costs of an EB-5 visa:
- The cost of the capital investment into the new commercial enterprise $500,000 (or $1,000,000)
- Regional center administration fees $40,000-$50,000
- Immigration attorney fees $10,000-$15,000
- I-526 Petition filing fee $3,675
- I-485 Petition filing fee $1,140
- I-829 Petition filing fee $3,750
What do you need to know about Eb5 visa?
What Should You Know About EB-5 Visa? Investment Visa EB-5. This program was created by Congress in 1990 to stimulate United States economy creating new job opportunities by foreign capital investment. It was enacted as a pilot in 1992 and has been reauthorized since then.
Who qualifies for an EB-5 visa?
The EB-5 visa is an immigrant visa for investors, entrepreneurs, and anyone who is looking to start a business in the USA. To qualify for an EB-5 visa, you are required to invest a minimum of $1,800,000 in a US business.
How much money do you need for EB-5?
The EB-5 program requires a $1 million for a standard (non-TEA investment) and $500,000 for a Targeted Employment Area investment (TEA).
How does EB-5 visa work?
What is an EB-5 Visa? The EB-5 (employment-based, 5th preference) investor visa grants permanent resident status to investors who satisfy certain criteria. With this visa, the applicant's spouse and unmarried children below the age of 21 may also receive a green card.
What are the benefits of EB-5 visa?
Advantages of an EB-5 Visa for Foreign InvestorsLawful status in the U.S. ... Quicker path to permanent residence and citizenship. ... No visa sponsorship requirement. ... Monetary return on investment. ... Freedom to live and work anywhere in the U.S. ... Education and employment opportunities for children. ... Economic stimulation.More items...
Is an EB-5 visa a green card?
Like many countries, the U.S. provides a means of entry for wealthy people who will pump money into its economy. This is known as the employment fifth preference—or "EB-5"—immigrant visa, which allows people to obtain permanent residence (a green card) immediately upon entry to the United States.
What is an EB-5 visa who qualifies for it?
USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) if they: Make the necessary investment in a commercial enterprise in the United States; and.
How long does EB-5 visa last?
two yearsThis status is good for two years. The investor and his or her family members can live and work in the U.S. During the 2-year conditional residency period, the EB-5 visa investor will be required to fulfill physical presence requirements, and cannot remain outside of the United States for more than one year.
Do EB-5 investors get their money back?
Do EB-5 investors get their money back? EB-5 investors may get the full or part of their invested money back when their immigration and investment cycles are completed. Many regional centers would include the terms and conditions of this exit procedures in the investment agreement or other documents.
Can I get green card if I buy house in USA?
“Will I qualify to receive a green card because I bought a house in the United States?” No. You can't get a green card simply by buying a house in the U.S. In fact, owning real estate doesn't ordinarily give you any visa or other immigration benefits.
How long does the EB-5 process take?
six monthsThe average processing time for the EB-5 Visa is six months, and the initial application and petition are usually approved within 60 days from the date of filing. You will, however, have to also wait for the United States Citizenship and Immigration Services (“USCIS”) and Department of State to schedule an interview.
Can I get loan for EB-5 visa?
So, yes, you may take out a loan for your EB5 investment capital. However, a loan is trickier to handle than a gift. If secured by personal assets, be prepared to show a promissory note listing the personal security that secures the loan. The USCIS permits unsecured loans for the EB-5 program.
How do I get an EB-5 investor visa?
To qualify for an EB-5 Visa, an investor from Canada must make the required capital investment in at least one new commercial enterprise. However, if an enterprise that is not associated with a Regional Center owns more than one business, the investor may spread the investment across those wholly-owned businesses.
Can h1b apply for EB-5?
If you have a valid, in-status H-1B visa, you are free to submit multiple petitions at the same time to United States Citizenship and Immigration Services (USCIS). Thus, you can take part in the EB-5 program while you are working in the United States without canceling your H-1B visa or any pending green card petition.
What are Regional Centers?
A regional center is an economic entity, public or private, that promotes economic growth, regional productivity, job creation, and capital investment. To obtain an official “regional center” designation, the entity must submit a proposal to USCIS. For approval and an official “regional center” designation, USCIS requires that the proposal show how the center will promote economic growth in a geographical region within the United States.
What is Congress Doing on EB-5?
Despite the increased usage of the EB-5 program, it remains a provisional visa program. Since its inception, Congress has reauthorized the program several times, most recently in December 2015. Currently it is set to expire on September 30, 2016. Congress must act in order to keep the program running after this date.
Why was the Investor and Regional Center Unit created?
In 2005, USCIS created an Investor and Regional Center Unit to increase oversight and internal coordination and issued new draft recommendations designed to accelerate processing and increase efficiency.
What was the denial rate for removing conditions on permanent residency in 2005?
Since 2005, approval rates have improved: the denial rate for petitions to remove conditions on permanent residency has dropped from 38% in 2005 to 6% in 2012, greatly improving the odds of success and the reliability of the program as a vehicle for investors to obtain residency.
Why are regional centers important?
The regional centers can serve an important role by vetting investors and investment projects to ensure high-quality, long-term job creation. Regional centers are multiplying and have become the predominant vehicle for EB-5 investment. As of January 4, 2016, USCIS has approved approximately 790 regional.
How long does conditional residency last?
Once approved, the conditional residence lasts two years. After two years, the investor can apply to have the conditions removed and have the conditional residency made permanent, but only if the investment has resulted in the creation of a minimum of 10 jobs, as required.
How many EB-5 visas are there?
There are 10,000 EB-5 visas available each Fiscal Year (FY). To qualify for the EB-5 program, immigrants can invest directly in a job-creating business, or can invest through regional centers approved by USCIS to promote economic growth in designated areas.
How long does an EB-5 investor have to show job maintenance?
The investor must show that the number of existing employees is, or will be, no less than the pre-investment level for a period of at least two years.
What is the minimum investment amount for EB-5?
21, 2019, including: The required standard minimum investment amount of $1 million and the minimum investment amount for investment in a Targeted Employment Area (TEA) of $500,000; ...
How many employees are required to be on an EB-5?
An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees.
What is a qualifying employee?
A qualifying employee is a U.S. citizen, lawful permanent resident, or other immigrant authorized to work in the United States, including a conditional resident, temporary resident, asylee, refugee, or a person residing in the United States under suspension of deportation.
What is the I-485 form?
Form I-485, Application to Register Permanent Residence or Adjust Status, and any Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, associated with a Form I-485 application that is based on a Form I-526 filed by an approved regional center.
What is a corporation?
Corporation; Business trust; or. Other entity, which may be publicly or privately owned. This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, if each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.
What is commercial enterprise?
Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business, including: A sole proprietor ship; Partnership (whether limited or general); Holding company; Joint venture; Corporation; Business trust; or. Other entity, which may be publicly or privately owned.
What is EB-5?
EB-5 is a United States visa program, created in 1990, that enables foreign investors to obtain a U.S. Visa by investing in a business that will benefit the U.S. economy and create jobs.
What can I receive by participating in EB-5?
Upon satisfaction of UCIS requirements and the successful completion of the selected EB-5 project, the investor should anticipate his/her permanent Green Card and ultimately the repayment of their $900,000 EB-5 investment.
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What are the requirements for an EB-5 visa?
One of the key requirements of the EB-5 visa is that the funds used for an EB-5 investment must be lawfully obtained.
What is direct investment?
A direct investment is any investment not made in a regional center. Examples of direct investments are if you start your own business or purchase an existing business. The EB-5 visa is an immigrant visa classification, so it leads to a green card for successful applicants.
How to prove that you earned money?
To prove this, you will submit many documents showing how the funds were earned, including bank statements and tax returns.
What would the development of a hotel bring to the area?
Also, the development of the hotel would bring hundreds of new workers to the area and hundreds and thousands of guests. This influx of people would benefit surrounding businesses, including local restaurants and stores.
How many direct jobs are required for an I-9?
For direct investments, the investor must prove that 10 direct jobs were actually created. This means that the investor must submit the actual employment documents for each employee (including the Form I-9).
What does 40% increase mean?
if the investor increases the size of the business so that there is: a 40% increase in the number of employees of the business ; or a 40% increase in the net worth of the business. 5.
What is a new commercial enterprise?
A New Commercial Enterprise is a for-profit business, conducting lawful activities , that was established after November 29, 1990. To qualify for an EB-5 visa, the company you invest in must qualify as a New Commercial Enterprise. The activity conducted by a new commercial enterprise must be commercial.
Who is Eligible to Apply for an EB-5 Visa?
As long as you satisfy the requirements for the EB-5 visa, and you are not ineligible for some other reason (such as a criminal record), then you are eligible to apply for an EB-5 visa.
What is the form I-526?
Your immigration lawyer will then prepare and file a Form I-526 on your behalf (this is the initial immigrant petition filed with USCIS). Once this is approved, you are eligible to become a conditional permanent resident.
Do you have to have a role in the management of a business?
You must have some role in the management of the business. In some cases, this role can be very minimal. For example, if you invest in a regional center project, you control is limited to voting on major decisions.
