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How to obtain a residence permit in the United States through an investor visa

If you want to get a green card - a document that gives the status of a permanent resident of the United States; if you have ever thought about starting or buying a business in the United States of America, the EB-5 visa, the so-called investor visa, is ideal for you.

Photo: Shutterstock

The EB-5 Immigration Program was created by the US Congress in 1990 with the aim of stimulating the economy by injecting foreign investment and creating jobs.

The EB-5 visa grants the right to permanent residence in the United States to those who invest in government-approved projects throughout the country. The EB-5 investment visa is beneficial, first of all, because it gives a residence permit not only to the investor, but also to his minor children (under 21 years old) and his spouse. Permanent resident status of a country grants the right to live, study, work and retire on an equal basis with US citizens. And most importantly, the opportunity to receive investments back upon completion of the project.

The main advantages of the "investor visa":
  • Legal status of a permanent resident of the United States... Those who have received this status on an EB-5 visa do not need to renew it or follow the re-application procedures.
  • EB-5 investors have the opportunity entering the United States for personal and commercial purposes at any time and without any difficulty (there are certain restrictions on the length of stay outside the United States).
  • EB-5 Investors can reside anywhere in the United States, retire and own your own business.
  • As a permanent resident of the country, an EB-5 investor has the right to use reduced cost for higher education in internationally recognized colleges and universities in the United States, primarily in the state of residence.

To obtain an EB-5 visa, you need to invest in the US economy from 900 dollars through the so-called Regional Center accredited by the Immigration Service (USCIS).

Every year, the US government provides 10 green cards under the EB-000 program. And until now, the number of applicants has always been below the limit, which significantly increases the chance of obtaining a residence permit in comparison with the green card lottery and other types of legal immigration. The key advantage of this program is the speed with which you can get a green card.

The disadvantage is that a petition for this type of visa requires a large number of documents. In addition, the EB-5 visa involves significant investment. So, in addition to the amount of minimal direct investment in the US economy, there are a number of significant costs associated with the preparatory process. Thus, this visa is suitable for very wealthy foreign citizens.

There are several main criteria for obtaining an EB-5 visa:
  • you must invest from $ 900;
  • you must prove the legality of the origin of the funds;
  • you must invest in a “new” or “existing” enterprise - this will allow you to create or buy your own operating business;
  • You must demonstrate that the investment directly or indirectly results in the creation or maintenance of ten full-time jobs in the United States throughout the application period.

If you think you can meet these criteria, then you are already on your way to getting an EB-5 visa.

However, this process, as already mentioned, is not simple, and you will need teamto navigate this challenging area. So, for example, when filing a petition, you must file an application with the United States Citizenship and Immigration Services (USCIS) and provide a number of required documents, including: immigration forms, personal financial information, business plans, a legal statement summarizing how you comply with all legal requirements, and other evidence.

The EB-5 program is in high demand among wealthy investors from all over the world, so over the thirty years of its existence there have been cases of deception and scams.

For example, according to the US Securities and Exchange Commission (SEC), a Californian company raised $ 27 million from 50 Chinese investors, promising them EB-5 visas in return. Promoters Charles Liu and Xin "Lisa" Wang claimed they were building a cancer treatment center.

Instead of building and operating the center, Wang and Liu took $ 7 million from the business to cover personal expenses and hid another $ 11,8 million in accounts in China. Needless to say, the business fell apart.

Infamous businessmen Ariel Quiros of Miami and William Stenger of Newport, Vermont have raised more than $ 350 million in the US EB-5 visa program. Instead of building a project - in this case a ski resort - they inappropriately spent $ 200 million of those funds, spending $ 50 million on personal expenses of Mr. Kyros.

Thus, in order to avoid becoming a victim of scams, investors should carefully choose an EB-5 Immigration Partner. Undoubtedly, a company with vast experience in project appraisal and real estate investment can become such a reliable partner.

В our company work, specialists who have developed their own approach and algorithm for the selection of the most reliable projects for investment from those offered by the US Regional Centers. The team conducts due diligence of both the Regional Center and investment projects.

We help investors choose wisely between all available Regional Centers. It should be noted that of the nearly 1000 EB-5 Regional Centers currently approved by USCIS and licensed by the state, only about 30% are successful as not all of them operate in good faith. This is why choosing the right partner is critical.

By choosing as partners our company, you will know all about the investment project and the Regional Center through which the EB-5 petition will be submitted.

Photo: Shutterstock

We professionally study the situation, clarifying:
  • how many investors have already invested in the Regional Center project;
  • what industries are included in the USCIS designation of the EB-5 Regional Center;
  • how jobs are created;
  • how exactly job creation is calculated;
  • what are the risks associated with the Regional Center project;
  • what is the strategy for leaving the Regional Center after receiving the green card;
  • what is the expected return on investment;
  • whether the project will use non-EB-5 funding; if yes, then where does such an investment originate;
  • what are the leaders' credentials;
  • what is the process for selecting potential investors;
  • What EB-5 experience does a Regional Center Securities and Immigration Consultant have;
  • whether the leaders of the Regional Center have ever been involved in bankruptcy or litigation;
  • what economic model is used to predict that the expected number of jobs will be created.

And this is only a small fraction of those questions that analyze our experts at the stage of preparing documents.

В our team analysts, lawyers and consultants with extensive experience in the selection of investment projects work. Due diligence of projects minimizes the risks of investors who cooperate with us under the EB-5 program.

We are studying in detail the private placement memorandum; operating agreement or limited partnership agreement; escrow agreement; subscription agreement; business plan; economic impact research; definition of TEA zones; "Designation letter" of the Regional Center; contracts for the provision of significant services by a third party; market feasibility study; assessment; letters of commitment for loans and shares from sources of capital other than EB-5; construction control documents; cash flow charts for construction and projections of income and expenses.

We regularly visit all construction sites of EB-5 projects, constantly update information on Regional Centers, have our own closed procedures for monitoring these centers and the relevance of I-924A forms, which are submitted every year to USCIS.

Our team reviews the analysis of the economic impact of the proposed project. The Regional Center's investment relies on an economic model to predict jobs that will be created based on either business expenses or income. A slight drop in forecasts may affect the investor's ability to obtain a green card.

We conduct a detailed audit and review of the project's market feasibility study. We assess the risks from the start of construction to its completion. We confirm the control over the site and the property rights of the project participants.

Often a person who is planning to obtain an "investor visa" in the United States wants to act in confidence. In this regard, in our company one of the first stages in working with partners is the "Non-Disclosure Agreement". At the same time, we speak the same language (both literally and figuratively) with our clients and understand even the most complex tasks and cases. All contracts are concluded in the jurisdiction of the United States and under American law. Thus, our clients are protected as much as possible by US laws.

You can get additional information and leave a request for consultation at our website.

Your question is MyDom.US

Material prepared in partnership with

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