EB-5 Immigrant Investor Green Card
The United States Green Card through investment can be obtained through the EB-5 Immigrant Investor Program. The EB-5 Immigrant Investor is a U.S. immigrant visa that allows a foreign Investor or Entrepreneur together with their spouses and children to become a permanent resident in the United States.
Obtaining a Green Card through investment is usually suitable for foreign Investor or Entrepreneurs who want to start a new business in the United States or purchase an existing business in the United States, including a franchise. The purpose of the Investor Green Card is to stimulate the U.S. economy through job creation and capital investment by foreign Investors and Entrepreneurs.
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The United States Citizenship and Immigration Services (USCIS) manages the EB-5 Immigrant Investor Visa Program. Under this program, foreign Investors or Entrepreneurs and their spouses and unmarried children under the age of 21, can apply for a Green Card (permanent residence in the United States), if the Investors or Entrepreneurs:
• Invest a minimum amount of capital in a commercial enterprise in the United States; and
• Intend to create or preserve 10 full-time jobs for qualified U.S. workers
In order to be eligible for an Investor Green Card, the Investor or Entrepreneurs must invest $500,000 in a new commercial enterprise in a high-unemployment or rural area or $1 million in a commercial enterprise located in an urban area. Instead of investing directly in new company, the Investor or Entrepreneurs can make the required investment through the Regional Center Program, where the foreign Investor or Entrepreneur invests in a U.S. commercial enterprise associated with Regional Centers approved by USCIS based on proposals for promoting economic growth. However, starting on November 21, 2019, the required amount of investment necessary to qualify for an Investor Green Card increases from $1 million to $1.8 million for projects situated in an urban area, and from $500,000 to $900,000 for projects in targeted employment areas (TEA) or rural areas.
Moreover, the investment made by the foreign Investor or Entrepreneur in a new commercial enterprise in the United States must create full-time positions for at least 10 qualifying employees. In the case of a new commercial enterprise that is not a Regional Center or its wholly owned subsidiaries, the enterprise must directly create the 10 full-time positions and must be the employer of the 10 qualifying employees. In the case of Regional Centers, the full-time jobs can be created directly or indirectly. In case of investing in a troubled business, the foreign Investor or Entrepreneurs can rely on preserving the 10 full-time jobs on the same terms prior to investment and for a period of at least two (2) years.
In addition to the above requirements, the capital invested in a new commercial enterprise must be placed at risk and the funds available for investing are from a legal source. The Investor Green Card allows the Investor or Entrepreneur to immigrate to the United States permanently and enjoy all the rights and benefits that come with it.
With respect to Regional Center investment offerings made to foreign Investors and Entrepreneurs it is important to point out that such investments are subject to United States securities laws even if the investment opportunities are offered primarily outside of the United States to Investors and Entrepreneurs that are not currently U.S. residents. The U.S. Securities and Exchange Commission (SEC) has brought several legal actions against Regional Center operators in cases of investor fraud. If you are a foreign Investor or Entrepreneurs considering becoming a U.S. resident through investing in a Regional Center, please contact us to assist you with your Regional Center investment and avoid being a victim investment scams.
The Investor Green Card process is complex and require extensive documentation. To navigate this process with ease, contact us to schedule an appointment with our qualified business immigration lawyers in Miami, Florida. We speak Romanian, Bulgarian, Russian and French.
Malescu Law P.A. – Business & Immigration Lawyers
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