If you are seeking to invest in the U.S. or are already investing, you may benefit from your investment and become a U.S. Permanent Resident through the EB-5 Visa.
Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for permanent residence if they make the necessary investment, comply with the requirements and provide the supporting evidence you will obtain Lawful Permanent Residency.
The required investment of $500,000 or $1 million can be invested either in an individual business enterprise or in an EB-5 Regional Center. If the investment is made in a commercial entity that is located in a targeted employment area (TEA) or the EB-5 project is either in a rural area or in an area that has high unemployment in order to qualify for TEA designation, then the amount of investment can be $500,000.
By Manju Kalidindi, Esq.
investment of $500,000
or $1 million can be
invested either in
or in an EB-5
This article is primarily on the direct investment (individual business enterprise). Regardless of whether it is a direct or indirect (Regional Center) investment, in order to obtaining Lawful Permanent Residency, there are a few steps to be followed:
An Immigrant Petition needs to be submitted to the USCIS and approved.
The Applications for Adjustment of Status in the U.S. will need to be submitted and the USCIS will need to approve the submitted Applications.
Upon approval of the Applications for Adjustment of Status in the United States, the foreign investor is granted two years of conditional permanent resident status.
A Petition to Remove the Conditions on the LPR status must be filed at the end of the two-years of conditional period. If the foreign investor has fulfilled the EB-5 requirements, then the conditions will be removed and the foreign investor will be an unconditional LPR.
EB-5 requirements for a direct investor will require supporting documents, and it may vary depending on the business industry of the commercial enterprise:
Summary Supporting Documents (Evidence)
Evidence that you have invested or are actively in the process of investing in a “for profit” new commercial enterprise.
Managing the New
Evidence that you are or will be engaged in the management of the new commercial enterprise (either through day-to-day managerial control or through policy formulation).
Evidence that you have invested or are actively in the process of investing the required amount of capital Evidence that the investment capital was obtained through lawful means. The petition must be accompanied, as applicable, by:
Foreign business registration records;
Corporate, partnership (or other entity), and personal tax returns, or other tax returns of any kind filed within 5 years, with any taxing jurisdiction in or outside the U.S. by you or on your behalf;
Evidence identifying any other source of capital; or
Certified copies of any judgments or evidence of all pending civil or criminal actions, governmental administrative proceedings, and any private civil actions (pending or otherwise) involving money judgments against you from any court in or outside the U.S. within the past 15 years.
Evidence that the new commercial enterprise will create at least 10 full-time positions for qualifying employees.
Job Preservation-Troubled Business
Evidence that the number of existing employees is being or will be maintained at no less than the pre-investment level for a period of at least 2 years. Submit photocopies of tax records; Form I-9, Employment Eligibility Verification; or other relevant documents for the qualifying employees and a comprehensive business plan in support of the petition.
About the Author
Manju Kalidindi, Esq., earned her law degree from Hamline University School of Law, in St. Paul, MN. She is a member of The Florida Bar and the American Immigration Lawyers Association. Manju is well-versed in immigration law, focusing primarily on employment and family-based immigration. She has been recognized for her exceptional pro bono service by the Supreme Court of Florida in 2010. Broward Lawyers Care announced her as the November 2012 Attorney of the month for providing high quality legal representation to their clients. Ms. Kalidindi currently serves as the President of SAHARA of South Florida (www.saharafl.org), a non-profit organization which provides assistance to victims of domestic violence in South Asian communities.