{"id":1426,"date":"2020-11-04T17:12:03","date_gmt":"2020-11-04T17:12:03","guid":{"rendered":"http:\/\/tzglaw.com\/?page_id=1426"},"modified":"2020-11-04T19:37:42","modified_gmt":"2020-11-04T19:37:42","slug":"eb5-investor-visa","status":"publish","type":"page","link":"https:\/\/tzglaw.com\/?page_id=1426","title":{"rendered":"EB5 Investor Visa"},"content":{"rendered":"\t\t
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EB5 Investor Visa<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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This EB-5 visa is a great option for investors and entrepreneurs to get a green card to the United States. With an EB-5 visa, you can live and work in the United States. You can also get a green card for your spouse, and your children through the EB-5 visa.<\/p>

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. If your investment is located in an economically depressed area called a \u201ctargeted employment area,\u201d you may be eligible to invest a reduced amount of $900,000.<\/p>

  • In addition to investing the minimum amount required, the business invested in must create 10 full-time jobs for US workers. The business must also be a commercial business that is for-profit. Real estate investments and non-profit enterprises do not qualify for EB-5.<\/li><\/ul>

    The process of getting a green card through the EB-5 visa has 2 main steps. You first become a conditional permanent resident for 2 years. You can remove the condition from your green card after 2 years by showing that you officially created 10 jobs for US workers, and that you kept your capital invested in the US business for the entire period of time. Please contact us by email to help you with the details!\u00a0<\/p>

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    2 \u2013 Benefits<\/h5>

    The EB-5 visa is an immigrant visa category, so as a successful EB-5 applicant, you can get your green card are be on the path to US citizenship. As an EB-5 investor, your spouse and your unmarried children under 21 years old can also qualify to get their green cards.<\/p>

    Your children have access to a US education. As an approved EB-5 visa holder, you do not have to work for a sponsor company. You are free to work in any lawful capacity.<\/p>

    You are free to live and work anywhere in the United States. You are eligible to work in the US without having to apply for special work authorization.<\/p><\/div>

    3 \u2013 Requirements<\/h5>
    • You must invest in a \u201cnew commercial enterprise.\u201d<\/li>
    • You must invest at least $1,800,000 in the new commercial enterprise. (You may qualify to make a reduced investment of $900,000 if the investment is located in a \u201ctargeted employment area.\u201d)<\/li>
    • Your investment must lead to the creation of at least 10 full-time jobs for US workers.<\/li>
    • Your investment funds must be \u201cat risk.\u201d<\/li>
    • The funds used for your investment must have been lawfully obtained.<\/li>
    • You must engage in the management of the new commercial enterprise.<\/li><\/ul><\/div>
      4 \u2013 What Types of Businesses Qualify for an EB-5 Investment?<\/h5>
      • sole proprietorships<\/li>
      • limited and general partnerships<\/li>
      • LLCs<\/li>
      • and many more.<\/li><\/ul>

        To qualify for an EB-5 visa, you can:<\/p>

        • Start a new business<\/li>
        • Invest in an existing business<\/li>
        • Buy an existing business<\/li>
        • or, Invest in a regional center<\/li><\/ul>

          As an EB-5 investor, you can qualify for a reduced investment amount of $900,000 if the business you invest in is located in a \u201ctargeted employment area.\u201d<\/p>

          A targeted employment area is an area of high unemployment or a rural area (as defined by the Immigration and Nationality Act). A rural area is an area that is not located within a metropolitan statistical area (MSA) and is not located within any city or town having a population of 20,000 people or more. \u00a0\u00a0\u00a0\u00a0To qualify for the reduced investment amount, the new commercial enterprise must be principally doing business in the targeted employment area. A business principally does business in the area where it \u201cregularly, systematically, and continuously provides goods or services that support job creation.\u201d<\/p><\/div>

          5 \u2013 What is a Regional Center?<\/h5>

          A regional center is a business entity regulated by USCIS, that is able to pool capital from multiple EB-5 investors to develop a project. Regional centers must promote economic growth, regional productivity, and job creation. They usually develop large-scale hotels, resorts, and other real-estate projects.<\/p><\/div>

          6 \u2013 Investment money only?<\/h5>

          An investor does not have to invest money to qualify for an EB-5 visa.<\/p>

          The EB-5 regulations require investors to make an investment of \u201ccapital\u201d into a business.<\/p>

          Examples of capital include:<\/p>

          • Cash<\/li>
          • Inventory<\/li>
          • Equipment<\/li>
          • Cash equivalents<\/li>
          • Other tangible property<\/li>
          • Proceeds from a loan<\/li><\/ul><\/div>
            7 \u2013 What does it mean for My Investment to be \u201cAt Risk?\u201d<\/h5>

            Your investment funds must actually be spent and not just sit in your business\u2019s operating account. While the regulations are not very clear, here are a few things to be aware of:<\/p>

            • Your investment must be subject to either gain or loss.<\/li>
            • You cannot receive any guarantee that the capital you invest will be returned to you.<\/li>
            • You cannot be granted the right to redeem any part of your interest in the business.<\/li>
            • Your funds must resemble an investment rather than a loan to the enterprise.<\/li>
            • Your funds cannot just sit in a bank account nor can they be used as business reserves<\/li><\/ul><\/div>
              8 \u2013 EB-5 process<\/h5>
              1. Our attorneys in Visa to America can help you determine whether the EB-5 visa is the right option for you based on your immigration goals and circumstances.<\/li>
              2. Select an Investment<\/li>
              3. Invest Your Funds<\/li>
              4. After putting together all the necessary documentation, our attorney will file the Form I-526 on your behalf. The I-526 is the initial EB-5 petition. If your I-526 is approved, you are eligible to apply for conditional permanent residency (a 2 year conditional green card).<\/li>
              5. Adjustment of Status\/Visa Processing<\/li>
              6. File Form I-829. After 21 months of becoming a conditional permanent resident, you are eligible to have our attorney file a Form I-829 for you.<\/li><\/ol><\/div>
                9 \u2013 Details of the Job Creation Requirement<\/h5>
                • For each EB-5 investment, 10 jobs must be created.<\/li>
                • So, if there are 4 EB-5 investors, at least 40 jobs must be created.<\/li>
                • The new commercial enterprise must create 10 full-time positions for qualifying employees.<\/li>
                • Qualifying employees are US citizens, permanent residents, and\/or other immigrants authorized to work in the US.<\/li>
                • The EB-5 investor, their spouse, sons, and daughters do not count as qualifying employees.<\/li>
                • Nonimmigrants and people that are not authorized to work in the US do not count as qualifying employees.<\/li>
                • Keep in mind that these workers must be employed on a full-time basis (at least 35 hours per week).<\/li>
                • Combining 2 part-time positions will not count as 1 full-time job, but you can have 2 or more employees share a full-time position (job sharing).<\/li>
                • The jobs are expected to last for at least 2 years and cannot be seasonal, temporary, or intermittent jobs.<\/li><\/ul><\/div>
                  10 \u2013 Can I Become a Citizen with an EB-5 Visa?<\/h5>

                  The EB-5 visa does not directly give you citizenship. But, with an EB-5 visa, you can eventually become a US citizen. The EB-5 visa is an immigrant visa category. This means that as a successful applicant, you can become a permanent resident. The process first starts with getting a conditional green card. After having your conditional green card, you can then get the condition removed and become an unconditional permanent resident. As a permanent resident, you may apply to become a US citizen; this process is called naturalization. You may apply for naturalization after being a permanent resident for at least 5 years.<\/p><\/div>

                  11 \u2013 List of documents I have to file.<\/h5>

                  There is an extensive list of personal documents and of the company or business in which you will participate, so we would like to send you this list in a personalized way, you can contact us by email at ask@visatoamerica.com or you can ask us for more information through our live chat.<\/p><\/div>

                  12 \u2013 Important information<\/h5>

                  Unlike the E-2 visa, you do not have to be a citizen of a particular country to get an EB-5 visa. As long as you meet the requirements of the EB-5 visa and you are not barred for some other reason, you should qualify to get an EB-5 visa.<\/p>

                  There are many businesses in which you can invest, at Visa to America we have experts to help guide and advise you on the best way to make the best investment of your life! Contact us at<\/p>

                  At the time of I-526 filing, you must show that you have invested or are actively in the process of investing your investment funds in the new commercial enterprise.
                  Also, your spouse and unmarried children under 21 years old are also eligible to become permanent residents<\/p>

                  Your EB-5 visa is typically valid for 6 months. This means that once the consulate abroad issues your EB-5 visa, you have 6 months to enter the US.<\/p>

                  As a permanent resident, you have to have the intention to permanently reside in the US. That said, you can still leave and re-enter the US.<\/p>

                  \u00a0You should not leave the US for a 6 months or longer at any one time, as this may be seen as abandoning your permanent residency.<\/p>

                  If you need to leave the US for an extended period of time, you should apply for a re-entry permit. A re-entry permit is a document that allows you to stay outside of the US for extended periods of time. With a re-entry permit, there is a legal presumption that you do not intend to abandon your status as a permanent resident.<\/p>

                  If you are already in the US on an E2 visa, you can convert to an EB-5 visa (\u00a0\u00a0\u00a0 The process of going from an E2 visa to an EB-5 visa is called an \u201cadjustment of status.\u201d)<\/p><\/div>

                  13 \u2013 Your existing US business can qualify for an EB-5<\/h5>

                  If it meets all the EB-5 requirements;<\/p>

                  • The business must qualify as a new commercial enterprise.<\/li>
                  • You will need to invest a minimum of $1,800,000 in the business (or $900,000 if the business is in a targeted employment area).<\/li>
                  • The funds that you\u2019ve already invested in the business may count as part of the $1,800,000 (or $900,000) minimum investment amount.<\/li>
                  • You will have to show that the invested funds were obtained lawfully.<\/li>
                  • You are required to create 10 full-time jobs for US workers. (You may be able to count the jobs that you have already created in your US business as part of the 10 jobs.)<\/li>
                  • You will also have to show that all investment funds are \u201cat risk.\u201d<\/li><\/ul>

                    We know that for this visa there is a lot of information and above all, many doubts. For that reason, we have the best lawyers at EB5 in the United States, to help you, advise you and accompany you to promise your success!<\/p><\/div><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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