EB - 5 INVESTOR VISA Foreign Direct Investment
EB - 5 is the only investment - based visa that allows investors to apply for permanent residence in exchange for a large investment in the United States. The EB - 5 program will be supervised by a survey of the US Citizenship Immigration Bureau ("USCIS"). The standard EB - 5 program, or "stand - alone" investment option is the original investment program. Foreign investment takes about two to three months to process the application, but from the businessman's point of view, using the direct investment option actually selects a safer and more profitable option, some or all of it There is a possibility of losing investment is much lower, the return on investment is fairly high. It is also easier to prove compliance with USCIS requirements if investors go directly to nationally famous brand franchises, if investors use direct investment routes.
Standalone program requirements are as follows:
1. New commercial enterprise. Establishment of "a new commercial company (a venture established after November 29, 1990)"
a. Fully original business.
b. At the same time or after the business "an existing business that will be restructured so that a new commercial enterprise will be established"
c. Expansion of current net asset value of existing business and 40% of employment number. Egypt
d. Problematic business. A company that has survived for at least two years and suffered a net loss during the period of 12 months or 24 months from the priority date of immigrant investor I-526. The loss during this period should be at least 20% of the problematic business. Net assets before loss.
2. Business structure. Business can take various legal structures such as unique ownership, partnership (whether restricted or general), holding company (and subsidiary), corporation, joint venture, business / trust I can do it. The business is open to the public, or privately owned.
3. In case of profit business. Business must be a profit organization, not a nonprofit organization or a charitable organization. Please note that this definition does not include nonprofit activities such as ownership or operation of individual houses.
4. Investment. The minimum qualified investment for EB - 5 is 1 million dollars. The minimum qualified investment within "target working area" or "TEA" is "500,000 dollars". Please note that re-investment of commercial enterprise's earnings is not considered part of eligible investment. Through the two-year qualifying period in which the status of permanent residence is decided, therefore, reimbursement, repayment or use of revenue disqualifies investors for permanent status. The investment was made from the EB - 5 capital investment fund during the period of conditional permanent residence.
5. Escrow. The capital investment of the EB-5 visa applicant is not merely a loan, it must be indeed at risk.
There is no guarantee for EB - 5 visa investment, but investment must be in danger. According to the Federal guidelines. We can not mention redemption rights or guarantees. Since the entire capital needs to be in danger, the reserve account is not allowed. Investors need to make sure that no dividends are paid from the investor's capital account. Although it is possible to distribute profits, dividends do not reduce investment by capital investment, and USCIS will conclude that investment will not last. If the clause of the escrow contract conforms to 8 CFR 204.6 (j) (2), the use of the escrow contract for the initial funding is allowed. It is in danger of capital required for I-526 application. Essentially, escrow usually has a single condition that funds are released with the approval of I-526.
6. Targeted employment area. The Target Employment Area ("TEA") is the area where you are experienced employment at least 150% of the rural area or national average fee at the time of investment. Rural areas are areas outside the municipalities with a population of over 20,000 according to the statistical area of the metropolitan area (designated by the Administration Budget Bureau), or every 10 years according to the census. The investor's I-526 application should indicate that the area where the capital investment was made has the "rural" or "high-employer" qualification of I-type application date -526 Application or capital investment The date first occurs. There are also two ways in which you can establish an area as a TEA: either by providing statutory documents directly to the USCIS (Economist and Economist Report), directly providing evidence of TEA (1) TEA's eligibility, or 2) Requesting aid from state government, (2) Required evidence as part of the TEA's award 8 Requirements of CFR 204.6 (i).
7. Business participation. Investors must actively participate in companies. Actively participating means more than a purely passive role in new commercial enterprises. The petitioner must participate in the day-to-day management control of commercial enterprises or manage it through policy planning. In the case where the petitioner is an executive officer or officer, or in the case of limited partnership, it is a limited liability partner based on the Uniforms Limited Partnership Act (hereinafter referred to as "ULPA"), a new commercial enterprise.
Ownership. Percentage percentages are executed as long as other requirements are met. This means that EB-5 investors in the case of direct EB-5 may have US partners, shareholders, members, etc. There is no criterion of possession percentage. For example, an investor can own and operate a US business as a 10% owner, together with US citizens who own the remaining 90% interest in the business. Even other investors and foreign investors can own business ownership. EB-5 investors can pool investments in companies as long as employment creation requirements are met. If more than one investor is involved, voting power is sufficient for policy problems that should satisfy standards related to business.
9. Pools. Multiple Eb - 5 investors can combine funds and invest in companies. All investors have to inject the necessary amount into the company and create at least 10 jobs. All jobs created by the pooling agreement will be evenly distributed among investors. For example, if there are three investors and 21 jobs are created, this does not mean that two of the investors each created 10 jobs, which means that three investors It means that all of the house created seven jobs.
10. Creation of work. All EB - 5 investors must create at least 10 jobs as a result of their own capital investment. Petitioners who acquire existing business need to show that investment has been created, or that there is a reasonable prospect of creating at least at least 10 full-time positions, in addition to what exists before acquisition Yes. Therefore, the petitioner must present evidence on the level of employment before employment. As long as the applicant does not recognize the existing business as "problematic business", simply maintaining the employment level before employment is not sufficient. The concept of "troubled business" means employment creation by maintaining employment of existing business which suffered a substantial net loss. "Full-time employment" means employing qualified employees of a position requiring a minimum of 35 hours of work time per week. Employment sharing scheme where two or more qualified employees concurrently serve full-time jobs is full time employment if the time required per hour is satisfied. However, the combination of working hours does not include part-time combinations, even if they meet weekly time requirements. In other words, you can not combine two part-time waitress positions to create one full time position. At I-526, please convince that the necessary job has been created and not created yet. Of course, in I-829 it is necessary to indicate the necessary work. Finally, investors must carefully develop business in a manner consistent with USCIS approved business activities at the I-526 application stage.
11. Application. What is the application for I-526? This is an immigration petition submitted to the USCIS by investors who certify that all the requirements of I-526 are met. Specifically, 1) investment funds are legally acquired. 2) Be in compliance with the conditions stipulated in the business plan. 3) Certain EB - 5 projects should create not only the documents that provide applicant 's income and net asset information and legal requirements but also the minimum necessary employment. The most difficult aspect of the application is that future investors must provide detailed evidence that they already have invested in or are investing in qualified US businesses. Bank statements, asset confirmations, fund transfers, share certificates, and other financial transactions must be submitted for approval. We also need evidence that the intended project produces at least 10 full-time jobs for US citizens. Sufficient evidence includes I-9 format, detailed business plan, legitimate business plan, etc. A comprehensive business plan must be included and at the very least it must contain a description of the project, its products and / or services, objectives, fiscal forecasts, employment creation analysis, and marketing plan. The key to the project plan is whether capital investment has been made, whether the proposed capital investment project is feasible, whether the required number of employment will be created at the time of I-829 application will be reasonably expected It is to judge the stage. One of the main reasons investors encounter issues at stage I-829 is the business plan approved at I-526 and the actual capital investment and employment creation activities documented in I-829 format Petition due to the difference between. A deviation from the business plan of an approved I-526 application is largely different from that proposed in Type I draft with approval of capital investment and / or compliance with employment creation requirements, I-829 trial It is important to petition -266.
12. Approval action. Assuming that the application for I-526 was approved, investors and dependents need to receive "consular treatment" at the American embassy in the residential country or file a conditional green card file file I-485 adjustment Yes. Selection depends on several factors and becomes more complicated if you consider more about the pros and cons of each type of procedure.
13. Consular office interview / consular treatment. Consular treatment is a procedure that investors and dependents must pass through if they wish to obtain a visa at the US Embassy residing in their country of residence. This includes paying visa fees and sending immigrant visa applications and related documents to the National Visa Center (NVC), a department of the State Department. This procedure is necessary to allow investors and their families to receive health checks, police, security and immigration history checks before a conditional permanent residence settlement is issued. During the interview process consulates address these issues and require investors to summarize the nature of the investment and discuss the information contained in the I-526 application.
I-485 treatment. If investors, their spouses and their families are already based in the United States, you can apply the status adjustment by submitting the I-485 document to the appropriate USCIS office. The I-485 adjustment process is a procedure that investors and dependents must rely upon when consular treatment is very unlikely to be the first option. I-485 may take longer than consular processing. Interviews are not necessary habitually.
15. Funding sources. This is an emergency to overcome and prove that many potential EB-5 investors come from legal and retrospective sources of funds and funds used for EB-5 investment It is a big hurdle to. The rules stipulated by USCIS require foreign investors to confirm that investment assets are legally acquired. This means that investors can make money from business, salary, investment, real estate sales, money donation, succession, loan, proceeds from the sale of real estate and other assets, revenue from stocks and other investments, inheritance, gifts Must be legally traceable meaning what you have to prove. Documents to prove the source of funds include tax declarations, bank statements, salary statements, business licenses and court records. It is related to legal funding requirements, but apart from that, there is a requirement for funding from individual investors to new commercial companies. In some cases, this is as easy as a wire transfer slip from an individual bank account to an investment company. In other cases involving countries with restricted foreign currency transfer, this is very complicated and often involves relocation to multiple parties. It is important to note that investment must be made from individual investors. Investments from entities including fully owned corporations are not eligible.
16. Housing. When the investor receives a visa from the US consulate or embassy in the country where the investor resides, the investor will take 180 days to enter the United States to establish residence. Proof of jurisdiction is made through acquisition of driver's license, social security number, bank account opening, federal or state income tax payment, house rent / purchase. Investors can live anywhere in the United States. When the status of residence is established, investors can work overseas, if necessary, due to the nature of business and professionals, but permanent residents must stay in the United States for more than six months each year. Also, at USCIS, the US government considers abandoning permanent residence rights. Legal permanent residents are subject to significant restrictions on "jurisdiction abandonment" rules. As long as it is a temporary trip, investors can travel overseas. We recommend that you obtain a re-entry permit before departure. Conditional green cards allow visa holders and their immediate families to live in the U.S. for up to two years. The Visa Holder MUST submit I-829 so that the "Conditional Permanent Residence" status is changed to "Legal Permanent Resident" status before the end of the two-year period. By becoming a legitimate durable resident, visa holders can stay in the United States indefinitely. Establishment of a residence must be made with the understanding that investors need to report their information to the USCIS if they change their residence within the United States at any time.
17. The state of the green card. Green card holders are allowed to live, work, and retire anywhere in the United States. Other benefits of Green Card include: (1) You can apply for US citizenship 5 years after receiving a conditional green card. (2) As long as residences in the United States are maintained, traveling to other countries and working. (3) Sponsor relatives for green card application. (4) Apply for Federal Government's financial support for education and reduce 'in-state' tuition fees at public universities. (5) There is no need for the US Citizenship Immigration Bureau to obtain additional permission to establish or start a company.
18. Period. I-526 In order to review the application documents, the time required for USCIS is usually from 2 months to 6 months. If the application is approved, the applicant will receive a conditional green card within 6 to 8 months after approval of the I-485 or DS-230 application. These times may differ depending on the applicant's home country and the current USCIS backlog. All EB-5 cases are adjudicated at California State Service Center. When the application for permanent residence is approved, the investor acquires "conditional permanent residence". In other words, "Green Card" received by investors is valid for 2 years. During the period of 21 to 24 months after approval, investors must submit an application to delete residence conditions. As part of this process, investors must prove that investment funds are not recovered and that the necessary employment has been created or created within a "reasonable time". "Status Adjustment" is also referred to as submitting a document of I-485.
19. Employment. Because the applicant has not been granted nonimmigrant qualifications that have not been granted immigration to the US, this permission does not expire before the status adjustment is allowed and needs to obtain the necessary permission Yes. Authorization for employment typically takes from 60 to 90 days, so processing time will be longer if background checking is required when applicable. Employment without permission at any time in the United States may violate the status of immigrants and impair the right to adjust the status.
20. Commission: $ 1,500
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