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The eb5 is available to foreign investors and is an employment based visa. Hundreds of investors apply for this visa every year, trying to get a legal and permanent entry in US in the shortest time possible. There are certain eb-5 requirements that one needs to keep in mind before applying for the program and we connect you with the right Regional Center that will ensure your success.
What is a Regional Center?
Regional Centers process applicants and investments for individuals/families seeking green cards.
Several Advantages of using a Regional Center:
Allows for passive treatment - foreigner does not have to actively manage the business
Allows for calculation of job creation through Econometric Model
Counts direct, indirect, and induced jobs
Provides more assurance that the applicants investment will be spent in accordance with U.S. Immigration Acts requirements and objectives
Business plan for the Regional Centers investment option is reviewed and approved by USCIS prior to any EB-5 applicants investment
We will NOT work with a Regional Center that does not have a/an:
- Competitive ROI (Return on Investment) for our client.
- Proven Track Record.
- Great Project Portfolio/Success Rate.
- Exit Strategy for Investor.
- TEA (Targeted Employment Area's) Option. That way you can invest $500k instead of 1Million dollars.
- Project structured to meet the EB-5 requirements
There is no time to waste since the program is currently scheduled to end on September 30, 2012.
General EB-5 Information
The U. S. Immigrant Investor Program (“EB-5″) was created by Congress in 1990 to encourage the investment of foreign capital into the American economy. This program makes it possible for an investor and his/her family to obtain permanent residence (Green Card) in the United States by either investing in the creation of a business or in the development of an existing enterprise in the United States.
Each year, 10,000 EB-5 visas are available through the program. The program has become very popular – for investors, EB-5 represents a quick, relatively reliable means of obtaining a green card; for Regional Centers, EB-5 represents a source of financing for a variety of commercial projects. In three years, the number of petitions filed has more than doubled (>1700 in FY2010), and the number of Regional Centers has exploded, with more than 114 approved Regional Centers in 34 states and more than 80 applications pending. Nearly 90% of EB-5 investments are made through Regional Centers, with more than $2 billion already invested and 50,000 jobs created.
- Eligibility Requirements for an EB-5 Visa
- Process Overview of the EB-5 Visa
- Regional Center Projects
Eligibility Requirements for an EB-5 Visa
To qualify for the EB-5 visa, an investor must
Evidence the lawful source of the funds used to invest in the enterprise
Along with each family member (spouse, unmarried children <21), meet general admissibility requirements (criminal, security, medical, etc
)
Have sufficient capital to do one of the following:
o Invest in an approved Regional Center
o Create an original business
o Purchase an existing business and simultaneously or subsequently restructure or reorganize the business such that a new commercial enterprise results
o Expand an existing business by 140 percent of the pre-investment number of jobs or net worth
o Or retain all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months
Invest at least $1,000,000 in a new commercial enterprise ($500,000 for projects located in a targeted employment area, which usually encompasses Regional Center projects)
Create full-time employment for no fewer than 10 qualified individuals or maintain the number of existing employees at no less than the pre-investment level for a period of at least two years
Demonstrate participation in the management of the enterprise
EB-5 Immigrant Investor VISA Program is Popular!
Families are choosing the EB-5 visa for various reasons:
Retirement (lower cost of living and better quality of life)
Ability to start your own company in the U.S.
Children’s education (receive U.S. resident tuition rates and the ability for children to
maintain permanent residency after age 21)
Wider job market for your children in the future.
Family already in U.S. but on another, expiring visa
Political and/or Social unrest in home country
Caps and time delays on other visa options are driving foreigners to EB-5
U.S. Dollar has weakened, making EB-5 a “less expensive” option
Process Overview of the EB-5 Visa
After an investment has been made with the qualifying enterprise, or the funds have been placed in an escrow account, a I-526 petition is submitted to the USCIS.
After approval of the petition, the applicant and family apply for the visas at the embassy of the country of their residence, or if they are lawfully located in the United States, they may apply to adjust status.
After visa issuance, they arrive in the US within six months, and become permanent residents from the date of their entry.
An immigrant investor is not required to manage the investment on a daily basis, and the investor and his family can live, work, and/or study anywhere in the United States during the two-year period and after.
Before the expiration of the two year period, the immigrant investor and family apply to have the conditional status removed
The receipt notice of the condition removal petition extends the legal status of the investor and family for one year, or until a decision is made (usually within 3-6 months)
Upon approval, a new, unconditional green card is issued for an additional ten years
Three months before the fifth anniversary of becoming a permanent resident, the investor and family have the right to apply for citizenship if certain requirements are me
Regional Center Projects
The minimal required investment is $500,000 for projects in targeted employment areas, as opposed to $1,000,000 for independent projects in non-targeted areas.
Both direct and indirect jobs are counted for purposes of satisfying the legal requirement of creation of 10 jobs, decreasing the risk that there will be a problem in having the condition removed after two years
The management companies of the Regional Centers are usually operated by American specialists in their respective areas (e.g., commercial real estate, corporate finance), and thus more adept at ensuring the viability of the investment and satisfaction of the job creation requirements
The investor can play a passive role in his investment and does not have to directly participate in the daily management of the enterprise
Projects possess the potential for development, long-term profit and returns on investment
The capital for the investment is usually maintained in an escrow account during the visa application process. In the event that the investor is denied an immigration visa, the full amount of his/her investment is returned minus administrative expenses.
EB-5 Services
The qualified and experienced lawyers at OASIS provide full legal support to clients interested in obtaining an EB-5 visa. With more than six years of experience with the EB-5 program and as recognized authorities in the field, we help our clients meet all the legal requirements of the program. Our services include:
Assessing preliminarily whether an investor and family members will qualify under the EB-5 program;
Counselling the client to ensure that he/she understands all aspects of the EB-5 program;
Providing comparative information and analysis on various Regional Center projects;
Interacting with Regional Centres on behalf of the investor to ensure smooth processing of the petition;
Interacting with the client to best prepare the case: providing guidance to the investor on the needed documentation, completing all application forms, translating all required documentation into English;
Representing the client at both the USCIS and consulate stages of the process to ensure the promptest and most beneficial review of the application;
Assisting the client with any problems or issues that arise during the two-year conditional period (for example, assisting with re-entry permits);
Keeping the client abreast of any changes in EB-5 law that may impact the client;
Representing the client at the condition removal stage of the process;
Facilitating the selection of and communication with other professionals to ease the transition to life in the United States, such as business attorneys, tax specialists, and real estate agents.
It is critical to remember that besides the general requirements for the EB-5 program (lawful source of funds and qualifying enterprise), the investor and family members must not have any admissibility issues or problems which could lead an officer to delay the processing of the application.
In addition, a myriad of questions arise for the investor before, during, and after the application process: how can I receive an individual taxpayer identification number? Can I continue to use my current visa during the processing of my petition? How long do I need to stay in the US after I receive my green card? Do I have to pay taxes? When can I apply for citizenship? We provide consultations on this whole range of issues; you will have legal support during and after the process
Contact Us
To find out more about the services we offer, please contact us by phone at 075031-22222 or through our contact page
Step-by-Step Guide to the EB-5 Visa Application Process
Appoint a meeting or phone consultation with our consultants
Receive answers to your questions and a legal analysis of your eligibility for the EB-5 program.
Sign a Legal Services Agreement and begin process of collecting documentation for petition.
Choose a Regional Center or an investment project.
Sign an investment agreement and transfer funds to escrow account or enterprise.
OASIS submits EB-5 petition to USCIS.
Petition Approved (3-6 months after submitting petition)
If investors will consular process, submit visa-related documentation to National Visa Center. If will adjust status in the US, submit application to USCIS. One month.
Pass visa interview at US Embassy, issuance of visa and entry to US as conditional permanent resident, or for those in US, approval of adjustment of status application. Receipt of Green Card. 3-6 months.
2 year conditional status.
3 months before elapse of conditional status OASIS submits petition to remove condition.
Condition removal petition approved (3-6 months after submitting petition), issuance of permanent green card
3 years later can submit application for naturalization. |
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