Who can opt for this type of visa?
The EB-5 visa is granted to foreign investors whose investment is at least half a million dollars, this residence is valid for the investor and family, specifically his spouse and minor unmarried children 21 years. To receive this visa is necessary no criminal record or be inadmissible for green card, not have a particular nationality, or possess a level of education or basic knowledge of English.
How to qualify for this visa?
To qualify for this visa is necessary to invest in Regional Centers are only entities approved by the Department of Naturalization and Immigration Services (USCIS), or make a direct investment in a project itself or through a direct investment in a project developed by another investor.
When the investment is made in a Targeted Employment Area (TEA) the amount invested can be from $ 500,000, it is important to note that the federal government is who appoints a state, county or city as a TEA. If the investment exceeds $ 1,000,000 project or business can be developed elsewhere in the United States but has not been qualified as TEA.
As regards the number of jobs generated by the project for the Regional Centres is possible to quantify the indirect jobs created, however in direct investment jobs must also be direct, at least 10 real and sustainable jobs for citizens Americans should be created in the first 21 months of the project. In reality the creation of these 10 direct jobs in the case of direct investments is difficult with investments of only $ 500,000, although the project intends to create the business in an TEA.
There are businesses that are more suited to one type of investment or another, for example, construction and hotels are more in line with regional centers, while franchises, are better suited to direct investments.
How is the application process?
1. Submit Form I-526, Application for a foreign employer
It is important to note that the procedure differs depending on the place where the investor is found. Additionally, you have to submit documentation on the project, the applicant and the money that the investment is paid.
2. Following the approval of Form I-526, either:
• File Form I-485, Application for Permanent Residence or Adjust Status, with USCIS to adjust status to conditional permanent resident within the United States, if it is in the US
• Present DS-230 or DS-260, Application for Immigrant Visa and Alien Registration, Department of State to obtain an EB-5 visa for admission to the United States.
If you are abroad, the process will take place through the consular office and must wait until there is availability of visas, this process can be up to 12 months to process.
The application process Visa EB 5 is complex because, among other things, the type of documentation to be submitted according to the type of investment. As a result, the application process of this visa requires the advice of an experienced immigration attorney with expertise in EB-5 visas. There are many cases of fraud and bad executions in Regional Centers projects as well as direct investment which generates loss of money and a green card. For this reason PROPERTIES AND LUXURY RENTALS, will advise on the application of the EB5 Visa hand of our experts you will analyze in detail the feasibility of the business and the correct application procedure.