Everything You Need To Know About The EB-5 Visa

EB-5 Immigrant Investor Projects or Immigration via Investment Green Card, also recognized as the Fifth Preference is available to any alien considering job creation and increased domestic capital investment in the US. This may be achieved by economic growth and carried out by creating a new company or expanding a previously existing one. In the management of the enterprise, the investor has to become an active participator. A group of investors joining together in forming or expanding a US business is also acceptable, provided each member is investing the minimum qualifying amount and every investor is individually responsible for job creation. Every year, 10,000 applicants are authorized for E-5 visas. Of the 10,000, targeted employment areas are allotted 3,000 immigrant investor visas.

The immigrant could commit to an existing company or to a new start-up enterprise. Once the immigrant has finalized the investment and is sanctioned by CIS for the duration of the next two years, he is provided with conditional residence status. Two years later, if he can prove that he retained the investment as well as saved or generated at minimum ten employments, the conditional status gets revoked, and he becomes a lawful permanent resident.
Private Regional Centers exist with all the prior approval of the government. They supply EB-5 projects, which satisfy certain employment, growth of economy and geographical criteria. Having a government authorized PRC, an alien investor pinpoints the proper possibilities and commits the $500,000 to the regional center’s project. The alien investor finds sufficient incentives in the type of a permanent resident status inside the US coupled with a good return on his investment.
Numerous EB-5 Regional Centers are in existence, including in Hawaii, Texas, Vermont, Pennsylvania and California. Instances of PRC projects consist of buying land, renovating, buying and managing industrial properties, harvesting export crops, urban development and supplying bridge loans to companies for renovations.
For EB-5 Immigrant Investor Projects, the minimum investment necessary is $500,000. As soon as the immigrant is conditionally certified for the green card, the money is discharged for project use. The cash is returned if the request for the green card is denied. Of course, rates of return on the investment differ. The foreign national acquires a US permanent resident status through the investment with each other using a good rate of return.
Given that the foreigners now commit their investments within a USCIS approved fund, the onus for demonstrating the fundamental requirements do not lie with the foreigners. As such, a whole lot of legal problems are now simplified or completely removed. Some problems, however, have to be demonstrated by the investor.
The investor has to provide evidence of the source of his funds. The funds ought to have been legally obtained. Tax returns for the past 5 years or equivalent documents to prove the authenticity of the funds need to be submitted. Gifts, with correct documentation are acceptable. In some circumstances, loans are also accepted as a legal supply of funding.
For removal of the conditional status in the end of two years, the investor has to prove with documentary evidence that he has invested the requirednecessary amount in the Regional Center, a commercial enterprise was developed resulting into improved regional productivity, it generated ten jobs directly or indirectly, and also the regional center retains its approval by the USCIS.

What Is The US EB-5 Visa?

Each country in the world has its own legal systems on which its own people has to follow and abide by to create not just a peaceful state, but also to secure every individual’s rights. Nevertheless, foreign nationals entering or planning to migrate to another country have a different set of travel documents, regulations, policies, and further due process.
Consequently, the United States of America has an extensive legal process when it comes to travel documents. In the year 1990, the US EB-5 was created, legalized, and has since become popular. It is a type of US Visa that is used by diverse foreign nationals who want a US travel strictly for employment purposes. Thus, the major advantage of EB-5 is to immediately grant a foreign national with a Green Card upon entrance to the US.
Ideally, this travel document is for immigrants who want to start anew; to live and to work in the US. However, one can not instantaneously acquire an EB-5 status. It requires substantial investment in order to attain this. Hence, many seek the help of experts such as US Immigration law firms or US Immigration attorneys. Their expertise provide individuals with the latest information and requirement in order to acquire an EB-5.
However, the best way to learn about the US EB-5 Visa is to gather further information from the United States Citizenship and Immigration Service (also known as USCIS). Their official website is easy to access, and possibly the most reliable source to obtain accurate data regarding this travel document.
Certainly, the Fifth Employment Based (EB-5) is a Visa preference category which is available to foreign nationals or immigrants who wish to enter the USA with the main purpose of investing a fresh or new commercial enterprise which will provide benefits to the US economy, as well as to create full-time jobs. Thus, there are two basic ways on how to invest using this Visa status; whether to endow in a distressed business, or to create a new commercial venture.
Individuals who get hold of an EB-5 have the chance to become lawful residents, and eventually eligible for US citizenship. Hence, American Citizenship is perhaps the highest privilege in the world. With an American citizenship one has the rights to travel, reside, and to work in the US. Furthermore, US citizenship offers a deal of multitude travel options. In addition, bearers of American passport can certainly travel to numerous countries across and around the globe.
For instance, an American citizen has the absolute right to carry out a business in Thailand. This is pursuant to the US-Thai Treaty of Amity provisions. Definitely, it is just one of the key and various benefits of obtaining a US citizenship. Further benefits include myriad double-tax agreement between the US and her allies. Finally, the US EB-5 Visa is an investment visa program that is significant to both legal and financial perspectives. Indeed, this travel document can provide great financial solutions and development to the US government, the visa bearer, and everyone in between.

Responsibilities of EB-5 Regional Centers

From simply a travel document, the US Eb-5 Visa status has turned out to be an investment program that eventually grants foreign investors with numerous benefits including a lawful permanent residency in the United States. The Eb-5 visa program is significantly committed towards the stimulation of employment creations, increase of domestic capital investments, and support to economic growth, and development of regional productivity.

Eb 5 Regional CentersSince an Eb-5 visa applicant or bearer is required for a certain investment, the United States government and legislation thoroughly deliberates the source of investment funds, investment projects, and further information involved in the visa program. Basically, the foreign investor must endow with $1 million investment to a business anywhere in America. However, the minimum requirement may be reduced accordingly through certain conditional circumstances.

A simple way to minimize the required investment is through the incorporation of the target investment through the United States licensed Regional Centers. These designated centers are qualified for receiving any immigrant investor capital. Hence, the United States Citizenship and Immigration Service (USCIS) have promulgated EB-5 Regional Centers to assist foreign investors in almost all aspects of an investment programs. Moreover, centers are held responsible for submitting detailed US citizenship applications to the USCIS.

The key function of Regional Centers is to encourage EB-5 immigrant investors. Designated centers can be a corporation, a private company, or a regional government agency and/or government unit together with a target investment program in a distinct geographic region.

Thus, EB-5 Regional Centers are very effective in the assistance of EB-5 visa bearers. They are proven efficient in the planning and operation of a new business ventures. The visa bearer or foreign investor can definitely seek considerable assistance from Regional Centers. Apparently, licensed centers perform significant strategies on a new or preexisting investment. They conduct a well-researched plan, a disciplined procedure, and successful operation of almost all business types. Without a doubt, Regional Centers conduct management programs to further assist immigrant investors in their target investment.

Nevertheless, the Regional Centers provide an extensive business proposal to the USCIS. The proposal entails geographical details, focusing on a US region wherein investment must take place. The suggestion must also explain on how the center can achieve the essential economic growth within the regional area. Furthermore, the business plan must be based on feasible business representation grounded in credible and reasonable assumptions for activity time lines, project costs, and market conditions.

In addition, EB-5 Regional centers are accountable for both direct and indirect employment subsequent to the investment. In usual instances, the foreign investor must endow with at least $1 million to a new company, preexisting enterprise, or a troubled business, along with the provision of not less than 10 full-time jobs for Americans. But, the investment fund may be reduced to $500,000 if the investment is located in an area with less than 20,000 rural populations, and can also employ 10 Americans. Lastly, regional centers bring about necessary investigation on the investment funds, and must lead to American employment (whether direct or indirect), following the investment program.

The EB-5 Regional Center Investment Program

In 1990 the United States Congress gave qualified foreign investors an opportunity to be able to do business in the United States in order to help the growing unemployment rate. The government did this by creating the EB-5 Regional Center Investment Program. This does not only help the investors but also the economy because with the business created by the investors 10 full time employment opportunities are made available. Investors need to invest $1,000,000 to be eligible for the said program but if business is targeted to rural and areas with high unemployment rates, the initial investment may be reduced by half ($500,000). Every year the U.S. government offers 10,000 of these EB-5 green cards and 3,000 of these are reserved for foreigners that invest in this EB-5 Regional Centers.

To further promote the said visa, in 1993 the United States Congress also created the EB-5 Pilot Program. The said program allowed the United States immigration to be able to designate applicants that are qualified to invest in Regional Centers. It is a private corporation, enterprise or a governmental agency (regional) that targets investment strategies or programs within a specified geographic region. The said EB-5 Regional Centers are based on programs used in Canada, United Kingdom, Australia and other nations which are very successful and focused on raising a nation economy through more employment.

The 3,000 allotted green cards for foreign investors is not the maximum of green cards given in a year. These are just reserved slots for foreigners that would decide to invest with this Regional Center Investment Program. This program is scheduled to expire on September 30, 2012, but aside from renewing the said program the IIUSA (Invest in the USA) is trying and planning to make it a permanent program.

Once the application for a Regional Center is approved by the USCIS (United States Citizenship and Immigration) the applicant of the EB-5 green card must invest the required amount in a authorized and approved Regional Center. Regarding the requirement about employing 10 individuals, it does not mean all 10 must be directly employed. As long as the business creates 10 jobs even indirectly the applicant is eligible for the program. Only the USCIS determines if a foreign investor is qualified and to help them decide, a background check and review is done on the applicant.

All qualified applicants that invest on EB-5 Regional Centers will be given a conditional or temporary green card which is valid for 2 years. After the required time frame, the foreign investor needs to renew the temporary green card. USCIS will then determine if within the 2 years span all employment required were created and if the investment is an asset to the economy of the United States. If so, a renewal will be approved and the foreign applicant and immediate family will be green card holders permanently. With this the whole family is eligible to apply for U.S. citizenship. The whole process from application to approval may take from 3 to 5 years. This of course depends on the validity and quality validity of requirements that each applicant provides.