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eb5 Immigrant Investor

USCIS administers the Immigrant Investor Program, also known as "EB-5," created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since, certain EB-5 visas also are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth

All EB-5 investors must invest in a new commercial enterprise, which means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:

  1. A sole proprietorship
  2. Partnership
  3. Joint venture
  4. Corporation
  5. Business trust or other entity, which may be publicly or privately owned

This does not include noncommercial activity such as owning and operating a personal residence.

Job Creation Requirements

  1. Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor's admission to the United States as a Conditional Permanent Resident.
  2. Create or preserve either direct or indirect jobs:
    • Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital
    • Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center

A qualified employeeis a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. The individual may be a conditional resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation. This definition does not include the immigrant investor; his or her spouse, sons, or daughters; or any foreign national in any nonimmigrant status (such as an H-1B visa holder) or who is not authorized to work in the United States.Full-time employmentmeans employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week.

Funds Requirement

I. Minimum Amount Requirement Generally, the minimum investment required is $1,000,000 per immigrant investor. However, the limit is reduced to $500,000 in cases of investment in "targeted employment areas." A targeted employmentarea is an area that, at the time of investment, is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate. A rural areais any area outside a metropolitan statistical area or outside the boundary of any city or town having a population of 20,000 or more according to the census.

II. Legitimate Source of Funds Assets acquired directly or indirectly by unlawful means such as criminal activities are not acceptable forms of capital. USCIS is very strict about reviewing the legitimacy of funds.

III. Acceptable Types of Property as Investment Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur. All capital shall be valued at fair-market value in United States dollars. Investment capital cannot be borrowed. The investor need not commit his/her entire capital immediately, but the investment must substantially complete prior to the end of the 2-year conditional residency period.

To understand the specifics of your possibility for Eb5 visa, please contact us at Bhagat Law. We are happy to help

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