EB-5 Green Card

To ensure a successful migration, it is essential to have planning, preparation and dedication so that the whole process runs smoothly.

What is the EB-5 Green Card?

The EB-5 visa is part of a US immigration program that grants permanent residency (Green Card) to foreign investors who meet specific criteria. Its holders enjoy all the benefits of permanent residence, which is also granted to a spouse and unmarried children under the age of 21, as well as offering a path to American citizenship.

Requirements

To obtain the EB-5 Green Card, two main requirements must be met: making a significant investment in a commercial enterprise and creating or preserving jobs. The investment amounts vary according to the project, generally being a minimum of $1,050,000, or a minimum of $800,000 for projects in rural areas, areas with high unemployment (called Targeted Employment Areas, or TEA) or infrastructure projects with the federal, state or municipal government.
As for job creation or preservation, it is necessary to establish that within two years of the EB-5 petition, the project will generate or maintain at least 10 jobs for full-time American workers.

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EB-5 Liabilities vs. Assets

There are two types of EB-5: “Passive” and “Active”. Naturally, all investments must have proven ownership and lawful origin. In “Passive” EB-5, the investment is made in a pre-selected project through a USCIS-approved Regional Center, whose managers are responsible for generating and maintaining jobs. The Regional Center and the project must be chosen carefully in order to achieve the results required for visa approval. In addition, these Regional Centers often promote projects that qualify for the minimum investment of $800,000 – projects in TEAs or rural areas, the latter of which enjoy “priority processing” under current
EB-5 regulations. In EB-5 “Active”, the investment is made in a commercial enterprise of the investor’s own, managed in whole or in part by the investor. It should be noted that non-business expenses, such as running a personal residence, are not covered by EB-5. In addition, the EB-5 investment period is not limited to a certain period and can include any after-tax reinvestments that could have been allocated to the investor as dividends or profits. Thus, funds generated by the company and reinvested in the business by the investor for the purposes of purchasing equipment or inventory, additional hiring, marketing campaigns and business expansion count towards an EB-5 investment.

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EB-5 Green Card work?

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