How to move to the United States: the option of work or investment
If you have already decided that you want to move to the United States and take your family with you, but do not know which immigration option is right for you, you should contact the experts, who will carefully analyze your situation and prepare a ready solution for immigration to America. After all, in addition to the options that everyone has heard (family reunification, work, religious visa, refugee status, winning the Green Card Lottery), there are other legal ways to immigrate to the United States. Perhaps in your case, you can apply for one of the visas of category EB on the basis of employment or become an investor by investing money in a business. Let's see what each of the options means.
Who can apply for EB-2 visa
An EB-2 immigration visa, like any other EB visa, provides an opportunity to obtain a green card based on employment. Candidates for obtaining EB-2 visas (except for applicants whose work is of national interest to the USA) must have an approved Labor Certificate and a job offer from an American employer.
In addition, the employer must file an immigrant’s petition for foreign workers on I-140 with the USCIS Immigration Service.
EB-2 visa depending on the specifics of the applicant’s professional qualifications is divided into 3 subcategories:
- You are a master or bachelor with work experience. You have a degree not lower than a master's degree, or a bachelor's degree in combination with 5-year experience in this specialty, and this is the level and character of qualification required for your future position. In this case, you need to have documents of higher education, obtained in the USA, or equivalent education, obtained abroad; Letters from your previous and current employers, which would confirm your at least 5-year experience in the specialty acquired after receiving a bachelor's degree.
- You have exceptional abilities in the field of science, art, business. Under the "exceptional abilities" refers to the degree of competence, significantly exceeding the average level of competence among the specialists of your profile.
- Your work is of national interest to the United States. In this case, you are exempt from the need to obtain a labor certificate, and you do not have to offer a job and submit a petition from an American employer. You can apply for the Labor Certificate on your own behalf, along with the I-140 petition directly to the USCIS Immigration Service.
In the second and third cases (exceptional ability; US national interest), you must provide at least the 3 documents listed below.
What documents will you need?
If you are applying for a EB-2 visa, you need to have the following documents:
- Proof of a scientific degree (diploma, certificate) or similar documents of an educational institution in the field where you have shown exceptional ability.
- Confirmation of at least 10-year experience in your specialty (full-time).
- A license or certificate entitling you to work in your specialty.
- Proof of receipt of wages or other forms of remuneration for the performance of work, which is associated with the use of your exceptional abilities.
- Proof of membership in professional associations.
- Proof of your achievements and significant contribution to the relevant field of activity received from your colleagues, government agencies, professional or commercial organizations.
If you have an EB-2 visa, then the spouse and minor children may enter the US with you.
How to get a work visa EB-3
The EB-3 Work Visa is an immigration visa that allows foreign workers of various skill levels to enter the United States for permanent residence.
An EB-3 Immigrant Visa entitles you to:
- Permanent residence in the United States.
- Work in the United States.
- Free entry and exit from the United States.
- Spouse visa application for spouse and minor children (up to 21 year).
EB-3 visa can be 3 categories:
1. EB-3 (A)
This includes “professional workers”. To comply with your EB-3 petition in this category, you need an official document from a college or university to confirm the bachelor’s degree you have received in the United States or an appropriate foreign education. The document must contain the date of receipt of the degree and the name of the specialty. In addition, you need to prove that future work in the United States corresponds to your specialty and requires, at a minimum, the presence of a bachelor's degree.
2. EB-3 (B)
This category of work visas is intended for mid-level professionals. To obtain this type of visa, a foreign worker must have the knowledge and skills to perform the relevant work, and the experience of such work must be at least 2 years. This should be a permanent job (not temporary or non-seasonal), for which there are no employees of the required qualifications in the USA. In order to assign an employee to the category EB-3 (B), he can be credited with special secondary education in a field close to the nature of his job duties.
3. EB-3 (C)
This category includes employees who do not require special education to perform work. They are low-skilled workers with the knowledge and skills to perform the relevant types of work and experience less than 2 years. Work must be constant (not temporary or seasonal), and the demand for such workers in the US labor market must be high. The EB-3 (C) visa petition must contain a document confirming your knowledge, skills and work experience.
It should be noted that the EB-3 visa of any category implies an official invitation to work from an American employer.
Obtaining a working EB-3 immigration visa involves the following steps:
1. Your prospective employer determines your compliance with the above conditions, giving you the right to reside and work permanently in the United States.
2. The State Department assigns you an immigration visa number.
3. The American employer prepares and sends on your behalf an application to the Administration of the Department of Labor for a permanent work permit. The decision of this department depends on whether you receive a confirmation or a refusal.
4. You are submitting a petition for a foreign worker (Form I-140) to the US Immigration Service USCIS on your behalf, which makes the decision.
5. If you are already in the United States, you need to file a petition for permanent status as soon as your immigration visa number comes up.
6. Being outside the United States, you get an immigration visa at the US Consulate in your country.
How to become an investor and get a visa EB-5
One of my clients - the owner of a travel agency in Russia - recently decided to organize his business in the United States. At AmericanCorporateServices, Inc. he got a consultation after finding out that investing in a new or existing American business is possible, provided that at least 10 jobs are created for US citizens. Fulfillment of this condition gave my client the right to receive an EB-5 investment visa. The EB-5 investment visa is intended to attract foreign investors to the United States in order to create jobs for citizens of the United States of America. An EB-5 visa is the shortest way to obtain a green card.
Investors can also come to the US with their family. A spouse or spouse and unmarried children up to 21 will receive conditional resident status. After approval of the petition on the I-829 form on the withdrawal of the conditional status in the same way, the status of the convention is removed from your spouse and children. After you become a conditional permanent resident, your spouse and children will be allowed to work and attend school in the United States.
In accordance with the provisions of section 203 (b) (5) of the Citizenship and Immigration Act (INA), 10000 EB-5 visas are issued annually for persons who meet the necessary requirements who are also involved in the creation of new commercial enterprises. Of the 10000 visas indicated, 3000 are allocated to Regional Centers.
This class of visa can be obtained by a non-US citizen who implements any of the following investment projects:
- Organizes a new business or acquires an existing business.
- Invests at least $ 1 000 000 or $ 500 000 in a new business or active project.
- Extends the existing business by at least 140% (with a corresponding increase in the number of jobs compared to the pre-investment level).
- Provides investment assistance to an existing business that has lost 20% equity in the previous 1-2 of the year.
- It should be noted that for the first 3 types of business investment, a prerequisite for obtaining an EB-5 visa is to create at least 10 jobs for US citizens. Investing in a troubled business is a special case and will be discussed below.
In order to qualify for an EB-5 investment visa as an immigrant investor, you need to submit a completed I-526 form (Foreign Entrepreneur's Petition) to the USCIS Immigration Service together with additional documents that clearly indicate that your investment meets the requirements described in the next section. After approval of the I-526 form, you can obtain a provisional resident status (permanent resident) by registering with the USCIS immigration service the completed I-485 form (Application for registration of permanent residence or status change) if you are in the United States. In the event that you are outside the United States of America, an application for an EB-5 immigration visa is submitted to the appropriate US consulate. To obtain permanent resident status (resident), you need to send I-829 form (Entrepreneur's petition to remove conditionality status) to the USCIS Immigration Service within 90 days before you reach the EB-2 United States investor visa your conditional status of resident - permanently residing in the United States.
The USCISI-526 form should be sent for registration to a USCIS service center in the region where the core business will be located.
In order to qualify for an EB-5 immigration visa in connection with an investment in a new place of business, you need to submit the following evidence:
- Confirmation of the fact that you created a new commercial enterprise - for example, copies of the relevant constituent documents and federal tax returns.
- Confirmation that you have invested the required amount.
Confirmation of your investment participation in a new commercial enterprise during the 2-year period of your stay in the United States with a conditional resident status:
- Commercial invoices and receipts.
- Bank statements.
- Business licenses.
- The results of audits of financial documents.
- Completed copies of federal and state tax returns, quarterly tax statements.
- Confirmation of the number of permanent employees during the creation of the business and at present. Such supporting documents include:
- - payroll;
- - relevant tax documentation;
- - income declarations of employees in the form I-9.
Pay attention to investing in distressed business
You can apply for an EB-5 visa even if you invest in a troubled business, and here there are a few other conditions. Documentary evidence is similar to what was listed above, but the difference is that instead of confirming the creation of at least 10 jobs, you must prove that the number of existing jobs is at least supported at the pre-investment level during the last 2 years .
Such supporting documents, for example, include: tax documents, I-9 forms, extended business plans.
What are the advantages of investor visa?
The legal status of a permanent resident of the United States based on an EB-5 US investor visa provides the majority of the benefits and benefits enjoyed by US citizens. Those who have received such status under an EB-5 visa are not required to update it or to implement re-application procedures.
You need to understand that non-immigrant visas, such as B, E and H, in many cases do not lead to permanent resident status. There are temporary restrictions for these non-immigrant visas, and additional registration procedures are required at the USCIS immigration service. Holders of such visas may need to return to their country every few years to visit the US consulate. Moreover, US immigration laws may change, and when it is time for a visa to be renewed, foreigners may not receive the necessary permission to enter the US.
The United States is considered a “safe haven” for families with permanent resident status. Any family member with a green card has the right to come to the United States at any time and stay here for any period of time (there are certain restrictions on the length of stay outside the United States).
EB-5 investors have the ability to enter the United States for personal and commercial purposes at any time and without any difficulty.
Permanent residents do not need a visa to enter the United States, for this they need only a green card. EB-5 investors can reside anywhere in the US, retire, and own their own business.
Internationally recognized colleges and universities in the United States provide basic and higher education. As a permanent resident of the country, EB-5 investor has the right to use the reduced cost of education, primarily in the state of his residence.
Students attending college have the right to work to offset the costs of their studies. They have the right to continue work after graduation.
The investor has the opportunity to transport the rest of the family members to the United States and apply for an American permanent residence permit.
What is a pilot program EB-5
The immigrant investor pilot program was created on the basis of the 610 Section of the 102-395 Population Act (October 6 1992 g), and it was extended to September 30 2016. It is safe to say that the Pilot Program will be extended by both the Democratic and the Republican parties of the United States.
The requirements for obtaining an EB-5 visa under the Pilot Program practically coincide with the requirements of the EB-5 investor basic program. An exception is the peculiarities of investment procedures related to an economic institution known as the “Regional Center”. Investments of this kind can reduce the level of job creation requirements for an applicant.
The regional center is an economic institution, public or private, that deals with economic growth, increasing labor productivity, creating jobs and increasing the volume of investments in the region. To be able to operate under this Pilot Program, the Regional Center has an appropriate assignment from the USCIS Immigration Service.
To meet the requirements of the Pilot Program, you need to:
1. Invest at least $ 1 000 000 or $ 500 000 in a Regional Center connected with a new commercial enterprise or a problem business.
2. Create at least 10 permanent jobs (directly or indirectly).
3. The requirements for documentary evidence of the applicant's compliance with the requirements of the Pilot Program are similar to the general requirements for the EB-5 program.
AmericanCorporateServices, Inc. He has extensive experience in working with Regional Centers. Contact us for a detailed explanation.
Determine your investment strategy
If you are studying the issue of investing in the US economy to ensure your compliance with the requirements for obtaining an EB-5 visa, you should carefully consider the following questions:
- Is this Regional Center able to create 10 jobs (directly or indirectly) based on the use of your investments?
- Will these jobs last for at least 4 years?
- How many other investors invested in this Regional Center?
- How long does the investment process take in general?
- Will the cost of your investment increase or decrease?
- Will you be involved in managing your investments in any way?
- What happens to your application for a US investor visa if such jobs are lost?
- Do you have credibility counselors?
When deciding who to entrust with your EB-5 immigration investment program, you should carefully consider the last of the above questions. If your consultants emphasize only the positive aspects of your application and do not give adequate attention to negative or potential problems, you should be alert.
It is necessary to get answers to all the above questions. A reliable and independent consultant will be able to do this without any difficulty. Submitting your application is only a small part of a complex process. It should be remembered that if something subsequently develops improperly, perhaps you will miss the only chance to obtain the right of permanent residence in the United States for many years.
Invest in the EB-5 immigration program only when you are absolutely certain that this investment program is fully compliant with the necessary requirements. The quality of work of the Regional Centers varies; some of them are able to offer better investment options. Our company's lawyers will help you make the right decision - the one that will lead you to becoming a permanent resident in a country for about a year.
Why do you need expert advice
Each Regional Center has its own considerations and interests on this. Anyone who gives you advice on choosing an Investment Center may possibly have a personal interest related to one of such Regional Centers. Accordingly, he has an incentive to convince you to invest there. You should make sure that the Regional Center, where you are going to participate in the investment program, has proper experience and shows good results in creating jobs. Otherwise, unexpectedly for you, your stay in the United States can be extremely short.
The competition among the Regional Centers is intense not only due to the high investment requirements, but also due to the fact that the Regional Centers are constantly under pressure from the need to receive investments to complete their own projects. Each center has its own development projects requiring completion, which need to attract your investment. Therefore, it is so difficult to get impartial advice and objective information, especially if you have recently arrived in the United States and are in dire need of the status of a permanent resident. The data provided by the Regional Centers do not always accurately reflect the presence of potential jobs, since in many cases jobs can be created only when a certain level of investment is reached.
It should also be understood that exaggerated claims and expectations of obtaining a potential return on investment have not helped anyone yet. Many Regional Centers make dividend payments to their investors, and if you get accurate information and are properly advised, you will be able to choose the most acceptable Regional Center.
Asking for immigration assistance to the United States at AmericanCorporateServices, Inc. is a guarantee of choosing the right way to get a visa and a high level of preparation of documents for filing a petition. The company's lawyers live in America and know perfectly the features of immigration law. We not only assist in the preparation of documents, but also help each client to resolve emerging legal issues, up to and including obtaining a positive decision by the US authorities.
If you have already decided that you want to move to the United States and take your family with you, but do not know which immigration option is right for you, fill out this Free. The lawyer will carefully analyze the data and prepare a decision on immigration to the United States.
Remember that you should contact only a lawyer licensed in the United States who knows not only the law, but also all possible obstacles from the immigration service. The lawyer will not only prepare the entire package of documents required to file a petition for a work visa, but will also assist during the entire application process by the US authorities, as well as be able to file an appeal if the US immigration service refuses to approve the petition.
For all immigration issues in the United States, contact AmericanCorporateServices, Inc.
Our Lawyers speak Russian.
ForumDaily readers can get a FREE CONSULTATION of an immigration lawyer in the office of American Corporation Services. in the city of San Francisco, calling the code - ForumDaily.
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