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The Immigrant Investor Program

Posted by on Apr 4, 2017

After a foreign national is granted an EB-5 visa, it will take only two years before he/she may have the opportunity to request that the conditions on his/her visa be removed to change his/her status from conditional permanent residency to permanent residency. Before his/her request may be approved, however, he/she will first have to show proof that, as an investor, he/she has satisfied all the conditions of the EB-5 Immigrant Investor Program; proof should be shown to the U.S. Citizenship and Immigration Services (USCIS) at the same time that he/she makes the petition for the removal of the conditions on the visa. The EB-5 visa is probably the fastest way for foreign nationals to obtain permanent residency in the U.S. This visa program is designed for foreign nationals who, with their families, dream of relocating to the U.S. This visa process takes away the complicated and difficult processes associated with visa application, including the various legal matters that need to be dealt with, the lengthy delays and wait times, and the possibility of visa applications getting rejected, usually due only to minor errors or filing problems. For foreign nationals who can afford it, the requirements of the EB-5 visa program include:

  • Investment of $1 million for the creation of a new commercial enterprise in the U.S., or $500,000 if the investment is to be made in a Regional Center or a Targeted Employment Area (an EB-5 Regional Center is a USCIS pre-approved organization; it is designed to help EB-5 investors and project developers meet the “create 10 jobs” requirement which will enable investors to qualify under the EB-5 program. A “targeted employment area,” refers to a geographic area with an unemployment rate of at least 150% of the national average. States have the authority to designate a geographically limited area as a targeted employment area for the purposes of the EB-5 visa.
  • Prove that the capital used in the investment program is from a legal source and not obtained through criminal or illegal activities; and,
  • Show that the investment has preserved or created, or will preserve or create, the required 10 new jobs for qualified U.S. workers.

This EB-5 visa program has:

  • No language, age, professional experience, or education requirements;
  • No need for direct family members in the United States;
  • No residency requirements in the U.S.;
  • No workplace requirements in the U.S.; and
  • No daily management/running of a business requirement for individuals investing in Regional Center projects.

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