"EB-5" Employment Creation Immigrant Visa:
The EB-5 employment creation immigrant visa for conditional lawful permanent resident status in the United States is based upon a qualifying investment in a business in the United States (commonly referred to as EB-5):
Procedure to apply for investor's visa
This visa is referred to as the "entrepreneur" or "employment creation" immigrant visa by the immigration and nationality laws of the United States. Processing time, once the application and required evidence is filed, is approximately four months for adjudication of the petition by the United States Citizenship and Immigration Services. Thereafter, the second phase, an application to be processed through the United States Consulate in the alien's jurisdiction, usually takes an additional six months; or, if the alien is in the United States at that time (for example with a "B" visitor's visa) then the alien can process the second part of the case through an Adjustment of Status application filed with the U.S. Citizenship and Immigration Services.
The alien's wife and children under age 21 may obtain derivative conditional lawful permanent resident status from the alien's investment and application.
The basic requirements for the investor to obtain conditional residence in the United States are:
The amount now required to be invested is $500,000 in rural areas or in cities with a populace of 20,000 or more experiencing 1.5 times the national average rate of unemployment. In all other areas the investment required is $1,000,000. A legal source for all funds to be invested must be proven by documenting the source of such funds and specifically detailing how the funds were earned or otherwise obtained, not just documenting that the funds were drawn from a bank account in your name.
For the investment to qualify the investor and his immediate family for conditional lawful permanent residence, it must result in the creation of at least ten new full time jobs in a business started or reorganized by the investor. If the investor purchases an existing business, he must increase the net worth of the business by forty percent (40%), or, increase the total number of full time jobs at the business by at least forty (40%) percent (but in no event less than ten new jobs). However, under a 1995 Immigrant Investor Pilot Program, if the required investment is made in a Designated Regional Center, the ten new jobs required to qualify may be "created indirectly". If this is accomplished by the invested amount, the investor and his immediate family will be granted conditional residence.
If the qualifications continue to be met and the business remains viable, the conditional residence will be changed to permanent residence after two years. The investor and his family will then be eligible for United States citizenship three years later (five years after being granted the conditional residence).
"E-2" Nonimmigrant Treaty Investor Visa:
Many countries have treaties with the United States permitting virtually unlimited stays in the U.S. for an investor or trader, or their employees. Both the person receiving the visa (and their employer, if any) must be a national of a country that has such a treaty with the United States, and:
The investor must make a substantial investment in the United States whereby he will own at least fifty percent (50%) of an enterprise that is of benefit to persons other than the investor and his family. This is usually demonstrated by showing two or more full time employees; or, substantial payments to independent contractors on a regular and continuing basis for the investment to operate. The investment must be active; purchases of stocks, bonds, certificates of deposit or vacant land will not qualify. Development of land by subdividing and building on it will qualify, as will owning buildings that require management such as motels, apartment buildings or commercial buildings. There is, at this time, no minimum amount that must be invested to qualify. The investor must own at least 50% of the investment/enterprise which can be a business the investor starts or an existing business in which he purchases at least a 50% interest. If the investment is owned by a corporation or partnership, majority ownership must be in hands of treaty nationals.
To arrange a professional consultation, contact the firm at 305-758-1234 or by e-mail. In-office, telephonic, and Skype consultations are available. For your convenience, the firm has offices located in both Coral Gables and Plantation, Florida.