Eligibility For Eb5 Investment Visa To The Usa
EB5 is an investors green card. To apply for it, the individual has to satisfy the following eligibility criteria.
- Invest $1.8 million in a qualifying commercial enterprise, or
- A minimum investment of $900,000 in a Targeted Employment Area with the promise of creating at least 10 full-time jobs for US citizens within 2 years
- The investment must benefit the US economy by providing goods or services into domestic markets.
But first, go through this list of things that you do not require to apply for an EB5 Visa.
- The applicant doesnt need to have a job offer lined up or a labor certification.
- Its not necessary to reveal your net worth.
- You dont need to be highly involved during the process, unline E2 Treaty Investor Visa Program which requires you to be run the business.
Best Ways For Investors To Immigrate To The United States
Question: What is the best U.S. immigration plan for a foreign investor and their family?
Here are your top five U.S. investor immigration options:
1. EB-5 Regional Center Investment
- Pro: Low $500,000 U.S. payment for a green card, passive involvement
- Con: Money is managed by someone else
Invest $500,000 U.S. in an EB-5 government-approved regional center for a period of about five years. In around 18 months, you obtain conditional green cards that entitle you and your immediate family to enter the U.S. You can live, work and study anywhere in the country and there are no education, age or English language requirements.
This is a passive investment in which your money is invested in someone elses commercial project, such as a hotel, residence complex or office tower. The catch here is that your money, through the project, must employ 10 or more American workers for a period of two years. Once this requirement is established, you can then apply for permanent resident green cards. At the end of five years from the date of your U.S. entry, the money is returned to you.
These are commercial enterprises and therefore your money is at risk. However, the EB-5 program has been in place for over 20 years and it has an excellent record.
See my video on the EB-5 program for more details.
2. EB-5 Direct Investment
- Pro: Complete control of the money
- Con: High payment of $1 million for a green card, active involvement required
3. Inter-corporate Transferee
4. E-2 Work Visa
Eb5 Investor Visa Usa
The EB5 or the EB5 Investor Visa Program was created in 1990 to allow the qualifying foreign investors to become legal permanent residents of the United States. In simplified terms, you can secure your green card if you invest in a U.S. business. Furthermore, the program was initiated by the United States Congress and is currently run by the United States Citizenship and Immigration Services . The key motive of launching this program was to expedite increased investment in the U.S. economy.
To get an EB5 visa, an individual must invest at least $900,000 in a Targeted Employment Area to finance a business that employs at least ten American workers.
Besides, an investor has the freedom to choose whether he wants to invest individually or want to work through a wider investor pool via regional centers . These regional centers are federally approved parties that help foreign investors to connect with developers who require funding to establish their business.
As of the 2019 regulation, an individual has to invest a minimum amount of $1,800,000 to secure ten jobs for US workers. These ten workers do not include the investor and their immediate family. Moreover, under this regulation, USCIS set new guidelines and declared that no state could assign regional centers. This office was handed over to the Department of Homeland Security.
Some of the most flourishing businesses financed by EB5 investments are Hilton, Hyatt Hotels, Marriotts, Starwoods SLS Hotel & Casino.
Recommended Reading: Valerocard
What Are The Requirements For The E
Unlike the EB-5 visa that has specified minimum investment amounts for its two categories, the E-2 visa does not have a minimum for business capital and instead looks for substantial capital. What determines an appropriate investment amount varies widely depending on the size and nature of each business.
Officials at the embassy or USCIS use their discretion to consider whether an amount of investment capital is appropriate or not. Though it is widely believed that having a minimum of $100,000 capital is a good rule of thumb, in some cases, you may need more or less. For instance, a small shop or firm may be approved with an investment amount in the tens of thousands of dollars. In general, however, having a large investment amount will be helpful and make your case stronger. This is another critical area that requires working with an experienced E-2 visa immigration attorney.
Tax Consequences Of Residency In The Us
Once you become a lawful permanent resident after obtaining the EB5 visa, you become liable to pay taxes to the US government just like any other resident. There is no tax distinction between the green-card holders and U.S. residents.
Tax residents also generally report tax payments, including withholding, using the same rules as U.S. citizens. Moreover, tax residents may claim a foreign tax credit for the income tax paid or owed to a foreign nation on foreign income source to avoid double taxation.
Residency and US Estate Taxes
If you have received a green card by investment program, you have to pay an estate tax as high as 46 percent on your worldwide income. Moreover, an individual is also subject to the gift tax obligations. It has to be in accordance with the requirements of the Foreign Account Tax Compliance Act , like the FBAR, 8938, 5471, and other documents.
If the tax planning has been improper, whether on purpose or intentionally, it may lead you to specific penalties and other taxes.
Besides, you might need to engage with accountants and attorneys in the U.S. as well as in his home country to organize and design to minimize the tax impact effectively.
Furthermore, depending on how the EB5 investment has been polished, the non-resident alien must pay taxes. The taxes may be deducted from the investors income, and he has to file a U.S. tax return.
You May Like: Prepaid2cash Alternative
E2 Treaty Investor Applicant Requirements
Investors from qualifying countries may apply for an E2 treaty investor visa in order to ‘Direct and Develop’ their business. They may also apply for E2 visas for key managerial and specialist employees which can be particularly useful for medium and large size businesses.
In contrast to the L-1 visa, there is no requirement that such employees have worked for the business outside the US for a period of one year in the last three years, and there is no requirement that under the E2 visa scheme that the business continues operating outside the US.
What Does At Risk Mean
As stated, to qualify for an E-2 visa, the Canadian citizen investor must have already spent the money towards the startup or purchase of a U.S. business. In other words, the investment must be at risk of being lost of the business is unsuccessful. If an applicant had $100,000 in a bank account and tried to apply for an E-2 visa, it would not be considered at risk because the applicant has not irrevocably committed the funds towards the enterprise.
Don’t Miss: Basspro Gift Card Balance Check
What Is An E2 Treaty Investors Visa
E2 Treaty Investors Visa USA is a type of non-immigrant visa for the benefit of foreign entrepreneurs who currently or in the future desire to act as an investment professional in the Treaty of Trade and commerce with the United States. Spryness Migration delivers its real-time and effective visa services in Dubai. With us, investors find the power of authentic reserved immigration to the U.S. and start a successful career as independent investors.
Although under the terms and conditions of the E2 Treaty Investors Visa, the employer receives limited placement opportunities, .e.., he/she needs to stick to a single employer. However, at Spryness Migration, we make it. Our career counselors connect our valuable clientele with investment opportunities in the Treaty of Trade and Commerce that are best suited for them in the short as well as the long run.
Picking The Right Investor Visa
If youre after migrating to the United States temporarily, or permanently, the EB 5 immigrant investor and E2 visas are your best bet. Below, we outline seven key differences between the two v isas, so you can understand which visa is right for you.
Recommended Reading: Cabelas Application Status
When You Have Your Immigrant Visa: What You Should Know
If you are issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa and a sealed packet containing the documents which you provided. It is important that you do not open the sealed packet. Only the U.S. immigration official should open this packet when you enter the United States. You are required to enter the U.S. before the expiration date printed on your visa. When traveling, the primary applicant must enter the United States before or at the same time as family members holding visas.
USCIS Immigrant Fee – You must pay the USCIS Immigrant Fee to U.S. Citizenship and Immigration Services after you receive your immigrant visa and before you travel to the United States. Select USCIS Immigrant Fee on the USCIS website for more information.
Important Notice: USCIS will not issue a Permanent Resident Card until you have paid the fee.
How Can An Employee Qualify
In order for an employee of an investor to apply for this visa, there are a series of E-2 visa requirements that must be met:
- Your employee must be a citizen of the same treaty country that the principle E-2 investor maintains citizenship.
- Your employee must qualify under the definition of an employee as stated in theU.S. legal code.
- You must be able to prove that your employee is necessary for the fulfillment of your endeavor. This is easily proven if he or she is a manager or executive, but can also be proven if he or she has specialized knowledge that makes them instrumental to the operation or development of your enterprise.
Read Also: Best Buy Citi Bank Card
Should I Buy An Existing Business Or Start A New Business For An E
A question that often comes up with whether it is easier to obtain an E-2 visa by buying an existing business or starting a new business. First of all, starting any type of business is a major decision and requires a lot of emotional, financial and physical investment. So the decision to buy an existing business or to start a new business should be based on personal decisions that fit best with your goals.
That being said, there are significant procedural and evidential differences when applying for an E-2 visa based on the purchase of an existing business or the start of a new business. Read more about the differences between buying an existing U.S. business and starting a new U.S. business.
How Long Does It Take For A Foreign Investor To Get A Green Card Through Eb
The speed of processing of the EB 5 visa is one of its most attractive features. The initial application is usually approved within 60 days of filing, and a conditional permanent residence visa is usually issued within six months of the initial filing date.
Keep in mind that if you were born in mainland Vietnam, India or mainland China , you might have to wait longer than other nationalities to receive an EB-5 investment visa, due to high demand from these countries and the limit of 700 EB-5 investment visas from any given country. If your spouse is immigrating with you but was not born in one of the foregoing countries, this delay will apply to neither you, your spouse or your children.
Frequently Asked Questions Foreb
Some common EB-5 Visa questions:
1. What is the Designated Regional Pilot Center Program?
The government has set up a special program called the Regional Center Pilot Program where investors can act more as passive investors and contribute funds to government-recognized entities. Under this program, businesses involved in promoting growth in certain geographic areas are approved as regional centers and may meet the job creation requirements of the law using indirect employment based upon approved methodologies. Scott Legal, P.C. can help you find a regional center that meets your needs.
2. Are Regional Centers Safe?
A few things you should consider if you wish to invest in a Regional Center:
1. Regional center investors are now required to invest the full $900,000 before submitting the I-526 petition. You should therefore check with the regional center to ensure that the money will be returned if the petition is denied.
2. Regional center fees are around $50,000, which would likely make your net return on any investment negative. Also, the normal holding time for the investment in the regional center is 5 years.
3. Even though the United States Citizen and Immigration Services approves regional centers, this approval of an EB-5 Regional Center application does not:
i. Constitute USCIS endorsement of the activities of that Regional Center
ii. Guarantee compliance with U.S. securities laws or
iii. Minimize or eliminate risk to the investor.
4. Do You Need A Lawyer?
What Is An Investor Visa
Foreigners who would like to be self-employed in the United States are able to do so with an investor visa, also known as an E visa. If you obtain an E visa, you can become a U.S. citizen for up to 5 years. Also, you can renew your visa every 5 years as long as your business continues. It is also important to mention that your spouse and children are permitted to remain and work in the United States. There are two major kinds of E visas obtainable.
Recommended Reading: Can I Use My Cabelas Card Anywhere
E2 Visa And Escrow Agreements
Many investors are worried about investing money even before they have been granted a visa. It may be possible to have money held in an escrow account only to be spent if the E2 visa is issued. The following are some examples where this might be feasible:
- You are purchasing an existing business. The money would only be transferred to the seller if the E2 visa is granted.
- You will be spending money on a lease agreement. The money would only be transferred to the landlord if the E2 visa is granted.
- You will be spending money on some equipment. Again only to be transferred if the visa is approved.
Can Eb 5 Visa Holders Bring Their Members To The United States
Yes. You can bring your unmarried children under the age of 21 and spouse to the United States. Your family members need to go through exactly the same steps as you did.
Your family members can also work in the United States. To do this, they must first obtain an Employment Authorization Document . Then they can work in your company or anywhere else they want.
Also Check: Americamexpress Com Paybill
Usa Eb5 Investor Visa
The EB-5 visa gives permanent U.S. residency to those investing into government-approved projects across the United States of America. The USA EB5 investment visa can be beneficial as it grants access to the U.S. education system, the right to live, retire, work and study in the USA, the ability to receive investment back upon the completion of the project and residency for the investor, any children and their spouse. The main applicant must reside in the USA for 6 months per year.
How Long Can I Stay In The Us With An Eb
When you first receive a Green Card via EB-5 Investment, you will receive conditional residency. This means that the Green Card is valid for 2 years, during which you can live, work, and study in the US. You cannot be out of the country for more than one year, or you lose your residency status.
After two years on a conditional residency Green Card, you can apply for unconditional/permanent residency, aka a 10-year Green Card, which you can renew continuously.
You May Like: Are Credit Card Processing Fees Subject To Sales Tax
Attend The Biometrics Appointment And The Visa Interview
In addition to submitting your application package, you and your immigrating family members must attend a USCIS biometrics appointment where your fingerprints, signatures and photographs are taken. This can be done at a USCIS office if you are in the United States, or at a US embassy or consulate if you are located outside of the United States. You might also be required to attend an in-person interview after your I-829 petition has been processed.