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FAQ PDF Print E-mail
Written by ARC   
Monday, 22 March 2010 22:14
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How many immigrant visas are allotted for this classification?
What is the history of the EB-5 visa category?
What are some of the benefits of the EB-5 visa program?
What makes the EB-5 Visa program different from the L-1 or E-2?
Is EB-5 a truly passive investment?
Where can I find a copy of the relevant EB-5 law and regulations to review?
I want to invest in the USA and get a green card, is the EB5 visa suitable for me?
What if I want to manage my own business?

How many immigrant visas are allotted for this classification?

The EB-5 program allots 10,000 visas per year for aliens and family members whose qualifying investments result in the creation or preservation of at least ten (10) full-time jobs for U.S. workers. 5,000 immigrant visas are set-aside for aliens who invest in designated regional centers, areas of high unemployment or other qualifying rural areas.

The EB-5 program allots 10,000 visas per year for aliens and family members whose qualifying investments result in the creation or preservation of at least ten (10) full-time jobs for U.S. workers. 5,000 immigrant visas are set-aside for aliens who invest in designated regional centers, areas of high unemployment or other qualifying rural areas.

What is the history of the EB-5 visa category?

The EB-5 visa category started in 1991. Regional Centers started in 1993. The State of Vermont Agency of Commerce and Development, formed its regional center in 1997, and the Ski Resort discussed in this program was utilized as the business model to both justify and support the application for Regional Center Designation, which was duly approved by the Immigration and Naturalization Service.

During the mid 1990-'s several companies competed for investment capital from foreign investors for the EB-5 program. Most of the companies didn't offer sound investments, and investment opportunities, didn't raise the full $500,000 investment capital or hire the required number of employees.

INS wanted to stop these abuses of the program, this involved law suits and the EB-5 program was effectively placed on hold between 1998 and 2002. In 2002, Congress passed a new law to protect the pre-1998 investors. Also, in 2002, in a case commonly known as "Chang" the 9th Circuit Court of Appeals ruled that INS may not apply their new rules retroactively. In August of 2003, INS began approving regional center petitions for the first time since 1998.

In January 2005, to improve and expedite EB-5 regional center related applications USCIS established an Investor and Regional Center Unit, IRCU, the unit being the sole adjudicative jurisdiction for Regional Center applications pursuant to the Immigrant Investor Pilot Program for purposes of approval, denial and Requests for Evidence (RFE's).

It is now common knowledge that EB-5 immigration petitions based on sound investments in designated regional centers for the full $500,000 as prescribed by the rules, with proper supporting documentation, should be approved.

The EB-5 visa category started in 1991. Regional Centers started in 1993. The State of Vermont Agency of Commerce and Development, formed its regional center in 1997, and the Ski Resort discussed in this program was utilized as the business model to both justify and support the application for Regional Center Designation, which was duly approved by the Immigration and Naturalization Service.

During the mid 1990-'s several companies competed for investment capital from foreign investors for the EB-5 program. Most of the companies didn't offer sound investments, and investment opportunities, didn't raise the full $500,000 investment capital or hire the required number of employees.

INS wanted to stop these abuses of the program, this involved law suits and the EB-5 program was effectively placed on hold between 1998 and 2002. In 2002, Congress passed a new law to protect the pre-1998 investors. Also, in 2002, in a case commonly known as "Chang" the 9th Circuit Court of Appeals ruled that INS may not apply their new rules retroactively. In August of 2003, INS began approving regional center petitions for the first time since 1998.

In January 2005, to improve and expedite EB-5 regional center related applications USCIS established an Investor and Regional Center Unit, IRCU, the unit being the sole adjudicative jurisdiction for Regional Center applications pursuant to the Immigrant Investor Pilot Program for purposes of approval, denial and Requests for Evidence (RFE's).

It is now common knowledge that EB-5 immigration petitions based on sound investments in designated regional centers for the full $500,000 as prescribed by the rules, with proper supporting documentation, should be approved.

What are some of the benefits of the EB-5 visa program?

Qualifying Investors and their spouse and minor children (under 21) will be granted US Lawful Permanent Residency (GREEN CARD)

  • No minimum requirements as to age, to speak English, employment experience, or education
  • Investor and family may live/work anywhere in the United States. Minor Children may obtain employment, subject to age, state and governmental laws and restrictions.
  • Education benefits including admission to Universities at US residents costs.
  • The EB-5 program does not require immigrant investors to manage their investment on a day to day basis.
  • After five years, the investor and their family may obtain US citizenship, subject to meeting all immigration requirements, as required under law.
  • Qualifying Investors and their spouse and minor children (under 21) will be granted US Lawful Permanent Residency (GREEN CARD)
  • No minimum requirements as to age, to speak English, employment experience, or education
  • Investor and family may live/work anywhere in the United States. Minor Children may obtain employment, subject to age, state and governmental laws and restrictions.
  • Education benefits including admission to Universities at US residents costs.
  • The EB-5 program does not require immigrant investors to manage their investment on a day to day basis.
  • After five years, the investor and their family may obtain US citizenship, subject to meeting all immigration requirements, as required under law.

What makes the EB-5 Visa program different from the L-1 or E-2?

Participation in the Immigrant Investor programs gives you permanent resident status (green card). Permanent residency requires no renewal or re-application.
The E-2 Treaty Investor programs allow for nonimmigrant status only. When the qualifying business/ investment ends, so does the non-immigrant status that has been granted to the alien. The Alien will have to leave the United States unless another visa category is granted. Also children over the age of 21 cannot be covered under your visa, and will have to obtain their own visa or leave the United States.

Likewise, the L-1 is a non-immigrant classification. Other U.S. non-immigrant visas, such as E-2 and H may never result in permanent residency, have time limits, and require additional filings with USCIS or Department of State. Furthermore, U.S. immigration laws may change and prevent future approval when a renewal of visa is required.

Unlike E-2, the L-1 alien can apply for classification as a Multinational Executive or Manager. If such a case is approved, which is becoming more difficult due to the high number of fraudulent cases and a subsequent tightening of the review process, the alien may apply for Permanent Resident status.


Is EB-5 a truly passive investment?

The EB-5 regulations require involvement in management or policy making. The regulations deem a limited partner in a limited partnership, which is properly structured and that conforms to the Uniform Limited Partnership Act as sufficiently engaged in the EB-5 enterprise.

The EB-5 regulations require involvement in management or policy making. The regulations deem a limited partner in a limited partnership, which is properly structured and that conforms to the Uniform Limited Partnership Act as sufficiently engaged in the EB-5 enterprise.

 

I want to invest in the USA and get a green card, is the EB5 visa suitable for me?

EB5 investor Visa is suitable for people from all walks of life: professionals, business people, persons wanting to facilitate their children's education and attend US colleges and Universities, persons just seeking a new or better life in the United States, and persons wanting to retire in the United States. The EB-5 visa permits employment in the US for the Investor and their family. Quite simply, the EB-5 visa gives you the opportunity and flexibility to do what you want in the USA. If you don't want to actively manage your business, you should consider a regional center EB-5 investment.

EB5 investor Visa is suitable for people from all walks of life: professionals, business people, persons wanting to facilitate their children's education and attend US colleges and Universities, persons just seeking a new or better life in the United States, and persons wanting to retire in the United States. The EB-5 visa permits employment in the US for the Investor and their family. Quite simply, the EB-5 visa gives you the opportunity and flexibility to do what you want in the USA. If you don't want to actively manage your business, you should consider a regional center EB-5 investment.

What if I want to manage my own business?

If you want to manage your own business, consider an L-1 Visa (Non-Immigrant Intra-company Transferee), E-2 Visa (Non-Immigrant Treaty Investor), or EB-5 Alien Entrepreneur Investment by investing $1,000,000 into your own business which you control, and creating the necessary 10 new jobs within a new enterprise. If your goal is to have a Green Card and not to actively manage a business, it is more often cheaper and/or convenient and possibly with much less risk to utilize a structured investment program in the Regional Center EB-5 category rather than to start and maintain your own business.

Last Updated on Monday, 24 May 2010 17:01
 

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