If you’re a foreign investor looking to live and work in the USA with freedom and flexibility to engage in commercial enterprise anywhere in the USA, the EB-5 investor category can provide an excellent opportunity to accomplish this goal by obtaining permanent residency status (a green-card holder).
There are two EB-5 programs: The EB-5 Alien Entrepreneur Investment Program and the Regional Center Program. If your goal is to have a green-card and not to actively manage a business, it is maybe less expensive to utilize a structured investment program in the Regional Center EB-5 category rather than to start and maintain your own business. On the other hand, if you want to manage your own business, you may want to consider the Alien Entrepreneur Investment by investing $1 Million into your own business that you control, and create the necessary 10 new jobs within a new enterprise.
Congress created the EB-5 visa in the Immigration Act of 1990 in the hopes of attracting foreign capital to the US and creating jobs for American workers in the process. There are 10,000 visas available in the category each year, one-half of which are reserved for people who participate in the Regional Center Pilot Program option designed for targeted investments in approved regional areas.
The investor is not required to have any prior business experience. Likewise, the investor is not required to demonstrate any minimum level of education. The only requirement for the investor is that he/she have the required net worth and capital.
What are some of the benefits of the EB-5 visa program?
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Qualifying investors and their spouse and unmarried minor children (under 21) will be granted US Lawful Permanent Residency
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No minimum requirements as to age, to speak English, employment experience, or education
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Investor and family may live/work anywhere in the United States. Minor children may obtain employment, subject to age, state and governmental laws and regulations.
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Education benefits including admission to Universities at US resident costs.
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The EB-5 program does not require immigrant investors to manage their investment on a day to day basis.
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After five years, the investor and their family may obtain US citizenship, subject to meeting all immigration requirements, as required under law.
Under USCIS regulations, the investor must demonstrate that their assets are gained in a lawful manner. This requires the investor to prove their investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan or other lawful means.
The most common problem area has been insufficient documentation of the source of funds. Many people try to disclose as little information as possible only to have the file returned with a request for further evidence (RFE). It is better to provide too much information rather than too little information. USCIS officers require a well-documented source of funds. Professional assistance from experts in the field that specialize in job and location comparative analysis is advisable, as well as assistance from CPA’s, tax attorneys, as well as competent immigration representation throughout the process.
We link to a previous article that we published on this topic by Associate Attorney Brandon Meyer.
Please contact our office directly for more information on the EB-5 program with a free assessment to determine whether you qualify for an investor visa.
