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May 13, 2019BY Hussain Shabbir

What is the US EB-5 Visa? | US Investor Visa

The United States of America is a financial hub for investors all around the world. It has the world’s largest market with abundance of resources, not to mention the breath-taking infrastructure and great working environment. Worried whether your investment in the US will be a boom for your business or not? Read this article to know why Businesses in the US flourish and how you can get yourself a Green Card through the US EB-5 Visa.

Why EB-5?

To attract foreign investors to make investment in US businesses the US government introduced EB-5 Visa. In exchange for the investment that creates jobs for everyone, the government of US provides eligibility to become permanent residents of the United States.

Why invest in US?

There are numerous reasons why for an investor United States suits the best for business. From a business-friendly environment and quality of life to infrastructure and workforce factors, United States tops it all. Likewise, the nation’s diversity and its openness towards people from different nations allows the industries to not only find their place in the market but also thrive. Coupled with a picture here are some more reasons for you to be confident about investing in the US.

Investment in the US - EB-5 Program

Click here to know how you can invest in Businesses in Canada

EB-5 Checklist:

Documents required:

Personal Documentation-

  1. A copy of Personal Passport (current & expired) and Form I-94
  2. Copy of Family Member Passports (all pages)
  3. Evidence that you have invested or are in the process of investing the amount required ($1,000,000 or $500,000)
  4. Household Registration
  5. Copy of Any Previous Immigration Applications
  6. Certified copies of any judgment, pending governmental civil or criminal actions, or private civil actions against the petitioner from any court in or outside the U.S. within the past 15 years.

Project Documentation-

  1. Proof that investor has invested in a designated Regional centre according to the approved regional centre business plan. First, you have to attach a letter from USCIS with Form I-526 designating the Regional centre. Second, your investment must be in a business enterprise within the geographic area specified in this letter.
  2. Evidence, if applicable, that your business has been established in a targeted employment area.
  3. Affirmation that investor’s investment in the Regional centre will create at least 10 direct or indirect full-time jobs.

Financial Documentation-

  1. Proof of Business Ownership
  2. Copy of any and all Business Licenses
  3. Last 5 years of Tax Returns (both business and personal)
  4. Bank Statements of last 5 years
  5. Evidence of other Sources of Capital
  6. Financial Statements for each business
  7. Evidence that the investment funds were obtained through lawful means.

Required EB-5 Investment Amount: People applying for EB-5 visa have to make either a $500,000 or $1 Million capital investment in U.S. commercial enterprise. The EB-5 investment can be in the form of cash, inventory, equipment or tangible property also and is valuated based on US Dollar fair-market value.

People wanting to invest a smaller sum ($500,000) should invest in a commercial entity located in a Targeted Employment Area (TEA). For an area to qualify for TEA designation it must be either a rural location or must have a high unemployment rate. High unemployment areas are those whose unemployment rate is at least 150% of the national unemployment rate at the time of EB-5 investment.

Eligibility Requirements for EB-5:

To qualify for EB-5 an individual has to meet multiple strict requirements related to investing money, in addition to creating jobs etc. Specifically, individuals need to do one of the following:

  1. Create a new business.
  2. Take over an existing, troubled business (a business that has lost 20% of its total net worth) and retain all existing jobs.
  3. Get hold of and grow an existing business.
  4. Invert in an existing, approved regional centre.
  5. Fees associated with the EB5 program

Here is a general breakdown of the costs associated with obtaining an EB-5 visa:

  1. $40,000 – $50,000 Administrative Fee charged by the Regional Centre or EB-5 project manager
  2. Immigration attorney fee of around $15,000 for assistance in all aspects of the EB-5 visa application process
  3. The application filing fee for I-526 is $3,675
  4. I-485 (adjustment of status) filing fee – $1,140
  5. The application filing fee for I-829 is $3,835 together with an $85 biometrics fee for each additional family member

Time line for EB-5 process:

  1. 1st Month – The person making the investment enters into an agreement with new commercial enterprise and invests money directly into the commercial enterprise to satisfy the “at risk” requirement. Further, Immigration Law Firm assists the investor with relevant investment documentation. Then he/she prepares and files the I-526, Immigrant Petition by Alien Entrepreneur with USCIS for review.
  2. 3-6 Months –  The investor receives 2 year “conditional” Green Card(s) and enters the US to live and work as a permanent resident.
  3. 2YRS after entry into US – The contrarian submits I-829 petition to remove conditional resident status with the assistance of the Immigration Law Firm to prove the job creation requirements. Once approved the investor receives their Green Card(s).
  4. 5YRS after I-829 Approval – After 5 years of permanent residence, investor (and family) can submit N-400 naturalization application for US citizenship.

Still confused about the EB-5 Visa Classification? Click here and solve your doubt.

To know more in this regard, you can contact our immigration experts at our number +91 7738891030 or mail us contact@movecoast.com and avail FREE counseling today!

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