EB-5 Immigrant Investor Visa for the United States


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To be considered for an E5 immigrant investor visa for the United States, an applicant must face various levels, here in this document we have endeavor to specify the E5 immigration investor visa’s eligibility criteria, application process and its benefits for an effective appearance during the application.

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EB-5 Immigrant Investor Visa for the United States

  1. 1. Are You Interested in Immigrating to the United States of America as an Entrepreneur? Consider the EB-5 Immigrant Investor Visa! By: Coleman Jackson, PC Immigration & Tax Law Firm’s Site | http://www.cjacksonlaw.com Phone Numbers: English (214) 599-0431 | Spanish (214) 599-0432 January 17, 2014 The United States employment based immigration visas are mainly divided into five preference categories according to the economical need of United States of America. These visas are categorized in the “E Series of Visas (EB-1, EB-2, EB-3, EB4 and EB-5). In this presentation we will be exploring the EB-5 Immigrant Investor Visa. Under the Employment Fifth Preference (EB-5) category, the Immigration And Nationality Laws of the United States, U.S.C.A. § 1153 makes employment visas available to new entrepreneurs who make qualified commercial capital investments in the United States. These visas are otherwise known as Immigrant Investor Visas or Immigrant Entrepreneur Visas. A generous number of employment based immigrant visas are granted every fiscal year (Oct 1St to Sept 30th), and from all employment based immigration visas approved, up to 10,000 visas are authorized to eligible entrepreneurs or investors.
  2. 2. In this presentation we will discuss the EB-5 Visa eligibility criteria, the application process and requirements, and some advantages of EB-5 Visa. The presentation is a snap shot and not exhaustive study on United States immigrant investor visa law. It is for educational purposes; and not intended to address any specific situation or circumstances. You should seek competent legal counsel for your specific questions and concerns. Eligibility Criteria for Immigrant Investor EB-5 Visa 1 - Qualifying Requirements- Job Creation | Capital Investment | Benefit U.S. Economy To qualify as an immigrant investor, a foreign national must meet the following minimum requirements. Investment of $1,000,000 in a new commercial enterprise in the United States of America which will benefit the U.S. economy, and create full time employment for at least 10 U.S. citizens or aliens lawfully authorized to work in the United States, OR Investment of $500,000 and hire ten employees in a targeted employment area where the unemployment rate is 150% of the national average or the rural population is less than 20,000, OR Investment of $500,000 in a Government designated Regional Center and avoids direct employment. 2- Initial Evidence Requirements Credible evidence that you have established a lawful business enterprise under State law where the business is located, or if your investment is in an existing business that your investment has caused at least a 40% increase in the net worth of the business, the number of employees or both. Credible evidence that your new commercial enterprise has been created in a targeted employment area, if the TEA requirement is applicable.
  3. 3. Credible evidence that you have invested or are in the process of investing the required investment capital amount in the area where your business is located. Credible evidence that your capital source is lawful. Credible evidence that your commercial investment will create at least 10 full-time employment opportunities for U.S. citizens, lawful permanent residents, or other aliens with authority to work in the U.S., other than, yourself, your spouse, sons or daughters, and any nonimmigrant aliens. Credible evidence that you will be engaged in the management of the new commercial enterprise. 3 - Additional Application Requirements Two passport size photos. Government authorized photo identification proof. Birth certificate. Marriage certificate, if applicable. Police record check. No previous US immigration violations. Copy of passport pages. Detailed documentation for source of funds. Form G-325A, Biographic Information (if age between 14 and 79 years). Form I-94, Arrival/ Departure Record (if applicable). Form I-693, Report of Medical Examination and Vaccination Record. Application Process 1 - File a Petition: To be considered for an EB-5 immigrant investor visa, the foreign national must file Form I-526, Immigration Petition by Alien Entrepreneur with United States Citizenship and Immigration Services (USCIS) under INA § 203(b)(5). The initial
  4. 4. credible evidence listed above should be filed with your entrepreneur investor visa application 2 – EB-5 Immigrant Investor Visa Application: After the approval of the new commercial enterprise investor visa petition by USCIS, the investor immigration visa file is forwarded to the National Visa Center (NVC) for further processing. The NVC assigns a case number to the petition and instruct the applicant to complete Form DS-261, Choice of Address and Agent and to submit the appropriate fees and necessary immigrant visa documents, including appropriate forms and documents. 3 - Visa Interview: Once the National Visa Center determines that the file is complete with all required documents, they schedule an appointment for visa interview and forward the file to the U.S. embassy or consulate where the applicant will be interviewed for the visa. The applicant receives an appointment email or letter containing the date and time of interview along with instruction and guidelines for obtaining a medical examination. If you are found ineligible by your interview or medical examination, you will be informed by the consular officer and advised whether there is a waiver of the ineligibility and what steps you must take to obtain the ineligibility waiver. Possible Advantages of the EB-5 Immigrant Investor Visa Permanent residence for the whole family (spouse and unmarried children, younger than 21) with one investment. Allowed to live anywhere in the United States. Same privileges as a US citizen such as free public school education, same university fees, access to Medicare after 5 years. Wider job opportunities for the children.
  5. 5. Property tax incentives Citizenship after five years. This Presentation is written by Coleman Jackson, PC for informational and educational purposes only. Laws, policies and procedures are subject to change. This presentation does not create an attorney-client relationship. You should consult an attorney of your choice with respect to your particular qualifications to apply for an EB-5 Immigrant Investor Visa or other legal issues. Coleman Jackson, PC | Immigration & Tax Law Firm. http://www.cjacksonlaw.com/ | 214-599-0431 | 214-599-0432 | 6060 North Central Expy, Suite 443, Dallas, TX 75206 English Spanish