EB-5 visa

Are You Eligible for a Green Card Through Investment?

There are two different ways to get an EB-5 visa. Most people invest in a “regional center,” which is an organization that runs a business that creates jobs. This is attractive to most investors because they do not have to create their own business, and the required dollar amount of the investment is usually only $500,000, instead of the $1 million that may otherwise be required.

Regional centers are designated and approved by U.S. Citizenship and Immigration Services (USCIS), and are set up to take care of USCIS requirements for the initial, conditional EB-5 visa. Investors must be careful to choose a regional center that can actually deliver on its promise to take care of USCIS requirements for getting the unconditional green card, however—not all can and do.

Another concern is that, despite regional centers being a highly sought after way to apply for an EB-5, the program is not a permanent part of U.S. immigration law. It is set to expire April 28, 2017 unless Congress acts to extend it.

You can also get an EB-5 visa through direct investment in your own business. You must invest a minimum of $1 million in creating a new U.S. business or restructuring or expanding one that already exists. The investment amount is lowered to $500,000 if your business is located in certain areas outside big cities or places where unemployment is high.

USCIS will look at where you got the money for your investment, to make sure it was from a lawful source. You’ll need to provide evidence, such as salary, investment, sale of lawfully obtained assets, gift, or inheritance.

The business in which you invest must ultimately employ at least ten full-time workers (not counting independent contractors), produce a service or product, and benefit the U.S. economy. Full-time employment is defined as requiring at least 35 hours of service per week. One advantage of investing in a regional center is that it can count “indirect” jobs created by businesses that service the main business, as shown by economic models.

The investor, his or her spouse, and any children may not be counted among the ten employees. Other family members may be counted, however. The ten workers do not necessarily have to be U.S. citizens, but they must have more than a temporary (nonimmigrant) U.S. visa. Green card holders and any other foreign nationals who have the legal right to indefinitely live and work in the U.S. can all be counted toward the required ten.

If you have any questions regarding EB5-Visa or any other immigration topic,
Please contact LEGiTiGO, today