The EB5 Allows Permanent Residency in USA

By: Prakriti Nanda | Posted: 07th September 2011

EB – 5 Visa

Introduction
The EB-5 visa for Immigrant Investors is a United States visa created by the Immigration Act of 1990. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States.
To obtain the visa, individuals must invest at least $500,000 in specified projects.
The EB-5 Visa investment must create at least 10 full-time jobs for US citizens, lawful permanent residents or other immigrants lawfully authorized to be employed in the United States. Full-time employees are defined to include workers working at least thirty-five hours per week.

Regional Centre
A Regional Center is defined as any economic unit, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment.
In more simple terms, a Regional Center is an area designated by the United States Citizenship and Immigration Services (USCIS) as eligible to receive immigrant investor capital. A Regional Center obtains its designation by submitting a detailed application to USCIS.

State of Vermont
The state of Vermont is the only designated Regional Center in the United States that is operated and supervised by a government department within the state - The Agency of Commerce and Community Development

Family under EB-5
The investor’s spouse and unmarried children under the age of 21, (known as derivatives) may be included in the immigration petition. If they are residing in the US, they will each need to file a Form I-485.

Eligibility Criteria
The investor is eligible to receive permanent residence based on investment if:
They have an approved Form I-526, Immigrant Petition by Alien Entrepreneur.
They are admissible to the United States.
An immigrant visa is immediately available.

Professional Background:
The investor must prepare complete biographical information and must prove the source of the investment funds. A resume with copies of college diplomas and other educational certificates, if applicable, should be included.
Business licenses, brochures about the business and other information about the applicant’s business are also beneficial. Any memberships in professional organizations should be documented. Unless the investor inherited the funds, the investor should be presented as a successful professional or businessperson with a business, financial or family history that explains the accumulation of financial net worth that is presented in the financial information.

Source of Funds:
Funds for the investment must come from a lawful source. Lawful sources of funds include: profits from the sales of a property, stocks or bonds, profits from business, business transactions, gifts, and inheritances. To prove the source of investment funds, USCIS requires five years of tax returns, five years of bank records, proof of ownership in any businesses, financial statements for each business and business licenses. The idea is to present a track record of an honest course of dealing. If the capital came from a specific transaction, such as sale of a house, inheritance or gift, the investor must prove the transaction occurred, by providing an official document, such as a closing statement or contract or other official documents.

Conclusion
The EB-5 program gives the investor and his family a conditional stay in USA for two years and if they fulfill and satisfy all the requirements they are granted permanent residency in the US which can further lead to citizenship.


Prakriti Nanda is author of this article. To know more about united states immigration services, global immigration services, global visas services and Chandigarh immigration, please visit http://www.pinnaclelegal.in/ and http://www.pinnaclelegal.in/practice-areas/immigration
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Tags: unmarried children, obtaining a green card, foreign nationals, citizenship and immigration services, citizenship and immigration, immigrant visa, united states citizenship and immigration services, regional center, immigrant investor, form i 485, immigrant petition