EB-5 Visa and Everything You Should Know!

Background

The EB-5 visa for investor immigrants is quite complex but a preferred visa program that enables foreign nationals, to acquire a conditional green card, which upon fully meeting the requirements, can be converted to a lawful permanent residency in the US.
Never mind the lengthy go through policy manual! Our dedicated team at CTrustGlobal is already on board to steer you through this informational trip as well as through the process of application until it’s approval once you get your application ready!

We have tried our level best to synthesize everything about EB-5 visa by investment, the fifth visa option based on employment, in the easiest way possible for serious foreign investors and entrepreneurs. But, before applying, you need to gulp down all of this information, read on!

EB-5 Visa: Facts!

Administered by United States Citizenship and Immigration Services (USCIS), the EB-5 Immigrant Investor Visa program was tailored in 1990 by the Congress to strengthen the U.S. economy.

Under a pilot program authorized in 1992 by the Congress, investors may also qualify for EB-5 visa program by investing in proposals created to promote economic growth through USCIS designated Regional Centers. This Immigrant Investor Program is also known as the Regional Center Program. USCIS Policy Manual contains EB-5 adjudications in Volume 6, Part G.

It’s our duty to inform our clients that foreign nationals are called aliens in this manual, so don’t panic! This piece of information imparted only just so the applicant can feel like reading a Hollywood script instead of a complex and confusing policy manual!

In all seriousness, we must also inform you that the US Green Card is an opportunity limited in number. As per the USCIS regulations only 10,000 applications annually are approved. In fact, applicants from each country around the world are numbered.

EB-5 Visa Procedures:

The EB-5 Visa program is very well planned scheme to ensure the growth of the economy as well as a greater return of capital of the immigrant investors.
The three economy boosting requirements to be qualified by the foreign investors are-

  1. Direct Foreign Capital Investment
  2. Investment in a for-Profit Commercial Enterprise
  3. Job Creation

This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.

EB-5 Visa Procedure:

Applicants opting for EB-5 visas are required to qualify certain regulations. Read below for a follow up:

    • Direct Foreign Capital Investment:

Investor is required to invest US$ 1 million as a capital investment, or US$ 500,000 in a Targeted Employment Area (TEA) designated by the Regional center.

    • Investment in Commercial Enterprise:

Investors are required to invest in a state authorised new for-profit commercial enterprise, established after Nov. 29, 1990.
If the commercial enterprise is established in or before November 1990, it should be reorganised or restructured, resulting in a new enterprise; or expanded, resulting in at least a 40% increase in net worth or in the number of employees. The ‘for-profit’ commercial enterprise can be conducted as-

      1. Single proprietorship
      2. Partnership
      3. Joint venture
      4. Corporation
      5. Holding Company
      6. A Business Trust or any other lawful business entity.
    • Job Creation:

Once the immigrant investor is admitted in US as a Conditional Permanent Resident, he/she/they must –

    1. Create or preserve at least 10 permanent full-time jobs for the qualifying U.S. workers within 2 years.
    2. Create or preserve identifiable direct jobs or, Indirect jobs created collaterally as a result of investment for qualified US workers.
    3. Investors may also be credited for preserving 10 existing jobs in troubled business.

REQUIREMENTS:

  • Immigrant investor is required to invest minimum USD 1 Million as foreign direct monetary investment or at least USD 500,000 in TEA as per the 1st option.
  • The investor-entrepreneur is required to provide supporting evidence of being actively involved in the managing of the new or existing commercial enterprise for the period of 2 years after getting admitted in US.
  • Foreign business registration records
  • Tax records filed anywhere in the world
  • Source of income and net worth
  • Any pending or settled civil or criminal record of last 15 years.

Benefits of the EB-5 Visa

  • Inclusion of spouse and children below the age of 21 years in the visa application.
  • Freedom to live, study, work, and or travel anywhere within United States or not work at all once you get your permanent green card.
  • Most efficient and expedite routes to acquire permanent residency in USA.
  • Possibility of a grant of full Citizenship after a minimum of 5 years of permanent residency in U.S.
  • No visa sponsorship required
  • No skills, minimum education or business experience required for applying.
  • Green card holders have access to study in public schools, colleges and universities at U.S. resident tuition fees.

Eligibility Criteria:

So, now the question that remains is who are eligible to apply for this coveted EB-5 Immigrant Investor Visa Program administered by USCIS:

Under this visa by investment program, entrepreneurs (with spouses and unmarried children below 21 years of age) are eligible to apply for a permanent residence i.e., Green Card, if they qualify the requirements for the Visa option selected.

So let’s get your application ready!

Further Information

For any more information, queries and on how to apply, contact us now. We can arrange a personal consultation as per your convenience!