MLH Consular Consulting

U.S. Immigration Law & Visa Services
U.S. Green Card through Investment

IMMIGRATION THROUGH INVESTMENT

10,000 immigrant visas are made available every year to qualified individuals seeking permanent resident status (green card) in the U.S. on the basis of their investment.  This category visa is called EB-5.  To qualify under this category, the individual must have invested at least $1 million (or at least $500,000 if investing in a rural or high unemployment area) and through that investment create or save at least 10 jobs for U.S. workers.  These visas up to now are never exhausted.

Of the 10,000 investor visas available annually, 3,000 are set aside for those who apply under a pilot program involving a "Regional Center."   This pilot program has been extended until September 30, 2015.  A Regional Center is a government-approved private enterprise, corporation, or a regional governmental agency with a targeted investment program within a specific region.  Under the Regional Center Investment Program, it is not required that the foreign investor's enterprise itself directly employ 10 U.S. workers. Instead, it is enough if 10 or more jobs will be created directly or indirectly as a result of the investment in the Regional Center. The Regional Center Investment Program directs and manages the foreigner’s investment in the designated business and geographic focus of the Center.  As a result, you may reside anywhere in the U.S., regardless of in which Regional Center you invest.  MLH Consular Consulting is happy to provide you with a list of current Regional Centers in which you may invest, including in New York City, California, Hawaii, Florida and other states.

EB-5 applicants and their immediate family first receive a conditional green card valid for two years. At the end of that time they must file another application showing that their money was "at risk" during the two-year period and that the jobs have been created. Once that has been approved, they become regular green card holders.

Because of the economic conditions in the U.S. and the desire by the government to encourage foreign investment, now is an opportune time to take advantage of this green card option.  For more information, please see below and contact us with your questions.  We are also happy to discuss non-immigrant investor options (E Visa) with you, as well as immigration/citizenship through investment options for other countries.

 Eligibility for EB-5 Program

Permanent resident status based on EB-5 is available to investors, as well as their spouse and unmarried children. Eligible foreigners are those who have invested – or are actively in the process of investing – the required amount of capital into a new commercial enterprise. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

 In general, "eligible individuals" include those who:

   1. Establish a new commercial enterprise by –

·           creating an original business;

·           purchasing an existing business and simultaneously or subsequently restructuring
       or reorganizing the business such that a new commercial enterprise results; or

·           expanding an existing business by 140 percent of the pre-investment number of jobs or net
       worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net
       worth over the past 12 to 24 months; and

   2. Have invested – or who are actively in the process of investing – in a new commercial 
       enterprise –

·           at least $1,000,000, or

·           at least $500,000 where the investment is being made in a "targeted employment area," which
       is an area that has experienced unemployment of at least 150 per cent of the national average
       rate or a rural area, as designated by the U.S. Office of Management and Budget (OMB); and

   3. Whose engagement in a new commercial enterprise will benefit the United States economy
       and –

·           create full-time employment for not fewer than 10 qualified individuals; or

·           where the capital investment is being made in a "troubled business," maintain the number of
       existing employees at no less than the pre-investment level for a period of at least two years.
       A “troubled business” is a business that has been in existence for at least two years and that
       has lost 20 percent of its net worth over the past 12 to 24 months.

 

Application Process

1. In order to seek status as an immigrant investor, a foreign investor must file Form I-526, Immigrant
    Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation that
    clearly demonstrates that the individual's investment meets all the above requirements.

2.  Once the Form I-526 is approved, immigrant investors apply for status as a conditional resident by:

·           Filing Form I-485, Application to Register Permanent Residence or Adjust Status, if residing
       within the United States; or,

·           Applying at a U.S. Consulate abroad for the conditional immigrant visa

3. To remove the conditions and become a lawful permanent resident, eligible investors must file
    Form I-829, Petition by Entrepreneur to Remove Conditions. Form I-829 must be filed within 90
    days before the second anniversary of an Alien Investor's admission to the United States as a
    conditional resident.
  

 

 

 

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