The EB-5 Visa provides the most direct path to a Green Card, based on an investment in a US business. The EB-5 visa does not require the applicant to manage the day-to-day affairs of a business. One may invest in an existing business, or a new business. More than one person may invest in the same business. The EB-5 investor may be a minority owner of the business.
For a single investment, Green Cards are granted to the investorfs immediate family, which includes a spouse and all children under 21 years old.
The US requires an investment of $1,000,000 in a trade or business, and the creation of jobs for ten additional employees. The program reduces the investment to $500,000 in certain targeted unemployment areas.
Any trade or business that employs at least 10 people, per investor, qualifies for this program. One may start a business, buy a business, or invest in an existing commercial concern. Although immigrant investors may play a role in management, the regulations deem limited partners or members of the board of directors as active participants in management. As long as the business employs at least 10 people per investor it may accept any number who make the required investment.
Funds may come from any legal foreign or US source, including gifts and divorce settlements. Borrowed investment funds qualify as long as those funds are not secured by the assets of the target investment.
The 10-employee requirement deters many immigrant investors. To resolve this, in 1994, the CIS introduced an option, whereby immigrants may invest $500,000 or more in CIS-designated 'Regional Centers'.
In this program a promoter, usually a property company, makes a proposal to the immigration service, the CIS. If the CIS believes it will benefit a regional economy and shows potential for providing significant indirect employment, the project will be designated a Regional Center. With CIS approval, the promoter forms a limited partnership or corporation.
Investors may apply for green cards upon making the investment.Investors in a Regional Center do not have to have day-to-day management responsibility or prove the business employs 10 people. Instead, they may rely on industry job multiplier statistics. A Regional center Resignation means the investor may rely upon indirect employment verified by any statistically reasonable methodology.
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