That is partly because the eligibility requirements are narrow, and partly because of the category's history of fraud and misuse. Some lawyers counsel their clients to use their wealth to fit themselves into another category with a greater chance of success. For example, by investing in a company outside the U. As long as you have money to invest and can demonstrate that you are in the process of investing it in a for-profit business, you yourself do not need to have any particular business training or experience.
You can choose to invest your money in a business anywhere in the U. After you get your unconditional green card, you can work for another company or not work at all.
You must actually live in the U. Your spouse and unmarried children under the age of 21 can get conditional and then permanent green cards as accompanying relatives. As with all green cards, yours can be taken away if you misuse it. For example, if you live outside the U. However, if you keep your green card for five years and live in the U. There are two different ways to get an EB-5 visa. Where the Investment Money Must Come From The entire amount must come from you; you can't share the investment with other people and expect any or all of you to get green cards.
Business 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. Requirement That Investor Be Actively Involved in the Business It's important to realize that you won't be able to send the money, sit back, and await your green card.
Requirement of New Commercial Enterprise If seeking an EB-5 visa through direct investment, the investment must be made in a new commercial enterprise.
Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Immigration Law. Immigration Law Basics. Getting a Visa, Green Card or Asylum.
Getting a Green Card. Becoming a U. Family Sponsors Petitioning for Immigrants. Employers Sponsoring Immigrant Workers. How to Get a Green Card. See All Immigration Law Articles. Related Products More. View More. These jobs must be created within a two-year period after the immigrant investor has received his or her conditional permanent residency.
In the case of a direct investment into the EB-5 project, the investor must be able to prove that his or her investment led to the creation of direct jobs for employees who work directly within the commercial entity that received the investment.
However, those investors who invested through a regional center have more job creation flexibility and can cite 10 full-time direct, indirect or induced jobs that were created with their investment.
Indirect jobs are those created in businesses that supply goods or services to the EB-5 project. Induced jobs are jobs created within the greater community as a result of income being spent by EB-5 project employees. An NCE may take one of many different business structures; they include corporations, partnerships general or limited , sole proprietorships, business trusts, or other privately or publicly owned business structures.
All New Commercial Enterprises must have been established after November 29, If an older business is restructured in such a way that a new commercial enterprise is created, then that entity may then qualify, as well. Kurt Reuss is the founder of eb5Marketplace. He is a registered securities broker working exclusively in EB Offering Documents Category 2. Limiting census tracts Additionally, the new program requirements limit census tracts to be adjacent to the project tract.
Where can EB-5 investment money come from? Loans as a source of funds for EB-5 investment Most often, a loan for an EB-5 investment comes from a financial institution. Can gifts, inheritance, or divorce proceeds be a source of funds? What happens when documentation is missing? The investor must show a lawful source and path of investment funds. The investment must be made in a for-profit U. The investment must create 10 full-time U.
A regional center investment can count direct, indirect and induced jobs and only requires passive management by the investor. Connect with Kurt Reuss. This measure has been a tremendous success. Since the financial crisis, access to capital has been constricted and municipal budgets continue to face significant shortfalls. In many regions, EB-5 investments have filled the funding gap, providing a new, vital source of capital for local economic development projects that revitalize communities, create and support jobs, infrastructure, and services.
The EB-5 Program has attracted tens of billions in capital investment across the globe to support American businesses, creating hundreds of thousands of job opportunities for U. Additionally, the Congressional Budget Office CBO scored the program as revenue neutral, with administrative costs paid for by applicant fees. More than 25 countries, including Australia and the United Kingdom, use similar programs to attract foreign investments.
The American program is more stringent than many others, requiring substantial risk for investors in terms of both their financial investment and immigration status. Investments made through the U. There is no guaranteed financial return. In order to receive a permanent visa, these investors must demonstrate that the legally required economic benefits flowing from their investments have been achieved.
Throughout the process, EB-5 investors are subject to the same background checks and national security screenings as applicants in any other visa category, and their ability to eventually apply for citizenship is subject to the same criteria as other visa holders. In every case, EB-5 investors must be able to demonstrate a lawful source and path of the funds to be invested, adding a layer of security that is not required by any other category of visa petitioners.
Like any other investment vehicle, EB-5 investment funds are subject to U. For more information about the EB-5 immigration process, please view our document below. The Program has produced a dramatic increase in much-needed foreign direct investment showed on the chart below in the U.
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