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Foreign Investor (EB-5) Visa

Immigrant Investor Program was created to stimulate the U.S. economy through job creation and capital investment by foreign investors. A Lawful Permanent Resident (LPR) status is granted to a Foreign Investor (and their spouses and unmarried children under 21), who invests in the U.S. economy based on Immigrant Investor Program, also known as “EB-5.” If you are interested in obtaining a green card through investor’s visa program, you need to satisfy certain reuirements.

REQUIREMENTS:

1. Make the necessary investment in a commercial enterprise in the United States

Investment amount:

  • Either $1 million in a New Enterprise

  • $500,000 in a Targeted Employment Area (TEA) or Rural Area

  • Investment may be done individually or through a Designated Regional Center

2. Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers
3. Entrepreneur must clearly document evidence of the source of the funds invested

The immigrant investor must establish that he or she is the legal owner of the capital invested. Also, the assets invested in an enterprise under the EB-5 program must not be illegal, that is, the investor should be able to show that the investments enter the U.S. economy come from legal sources. Investor must show that he is the owns investments lawfully.

Such evidence may include:

  • Foreign business transaction records

  • Corporate, Partnership or other Tax Returns for the past 5 years

  • Personal Tax Returns for the past 5 years

  • Property Sales

  • Other sources of capital

  • Certified copies of any judgments

  • Gift

  • Inheritance

4. USCIS requires that the entrepreneur's investment be "at risk;"

An investor may not qualify for and EB-5 visa if his investment guarantees a fixed return. Thus, an investment that minimizes the risk and guarantees a percentage of return may not suffice as an “investment” under the EB-5 program.

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Under a pilot immigration program, certain EB-5 visas also are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

Investing immigrant gets permanent resident status in the U.S. for two years which is called conditional residency period. After successfully sustaining the investment during two years of conditional residency period and conforming to the requirements of EB-5 program, all the conditions will be removed, and the immigrant investor becomes an unconditional lawful permanent resident.

Contact an immigration law attorney in Manhattan today

Get started with your Foreign Investor (EB-5) Visa application right away by calling Dalbir Singh and Associates, PC at 212-428-2000. Our New York City office is conveniently located in the Financial District, at 40 Wall Street, Floor 25, New York, NY 10005. We’re open five days a week.

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