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US Investment Immigration

Investment immigration is where an individual can invest a set amount of money into the country they wish to reside in thus allowing them to qualify for permanent residency. The investment can be placed into a struggling existing business or in a new business start up, but in both situations, the investment must be for the benefit of the country’s economy.

Why immigrate to the US

The US is a popular jurisdiction for investment immigration as the country is widely respected due to its high standard of living, strong financial framework and legal infrastructure. Education and health care is good in the US and the employment opportunities are endless. A US passport is also internationally recognized and so obtaining US citizenship is competitively sought.

The EB-5 Visa

The EB-5 category although is specifically focused on foreign investor immigration, does not specify that the investor must manage the day-to-day dealings of the company they have invested in. Under an EB-5 application, there can be more than one investor and the foreign individual is able to be a minority owner in the new business.

Foreign investors or ‘Treaty Investors” are eligible for the EB-5 visa provided they satisfy the relevant following criteria:

  • Be a citizen of a country with which the US has a treaty of commerce and navigation
  • Invest a substantial amount of money
  • Invest in an active commercial enterprise
  • Have an active role managing the enterprise.

Investment options available to obtain an EB-5 Visa:

Establish a new commercial business

  • Create a new commercial business, or
  • Purchase an existing business and then restructure it to form a new business
  • Expand an existing troubled business by keeping all its existing employees

Invest in a new commercial enterprise

  • Requires at least US$1,000,000 of investment and the creation of at least 10 new jobs anywhere in the US
  • Requires at least US$500,000 of investment and the creation of at least 10 jobs in an area which experiences unemployment of approximately 150% of the national average rate

It should be noted that it is also possible for the individual to invest in what is known as a ‘regional centre’. This is a region which is designated by the INS for the purpose of immigration investment, this regional centre can benefit from indirect employment as opposed to the investor having to hire ten new employees directly.

Benefits of the EB-5 Visa

The EB-5 card is the most suitable visa to apply for if you wish to obtain a green card quickly while not actively managing the day to day running of the new enterprise you have invested in.  There are other visas available depending on the type of investment and situation you are in, for example if you wish to actively manage the enterprise you invest in you should opt for the L-1 E-2 ‘International Visa’ category.

The investment immigration visa process is governed by the Immigration and Nationality Act, statute 203 and provides in detail the specific requirements to satisfy to obtain permanent residency in the US.

 

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