Your Best Immigration, Global Mobility, Visa, and Relocation Guide

EB-5 USA Green Card Visa is an incredible American Perpetual Residency (PR) open door for people, and their needy families. It allows the candidate to move to the country through US Green Card with subordinate mate and youngsters under 21 years. While the candidate may not be engaged with everyday tasks of the contributed business undertaking, he should have in any event an arrangement level job. In the event that the individual is putting resources into a current business undertaking that business more likely than not been built up after November 29, 1990.

Typically, a yearly amount of 10,000 visas is recognized under the EB-5 Visa class each year.

Post endorsement of the EB-5 application, a contingent Green Card is given to the candidate (and companion and ward kids) for a time of two years.

Following 21 months of holding the contingent EB-5 Green Card, the candidate applies for the expulsion of the condition by giving proof that the venture leads to the formation of 10 US occupations during the restrictive status. Also, when it demonstrated, the condition is eliminated and the candidate (and companion and ward kids) get Lasting Green Card.

At that point, He can apply for US citizenship following 5 years.

Qualifying Outsiders under USA EB-5 Visa:-The candidate must contribute at any rate USD 10, 00,000 or if nothing else USD 500,000 of every other business undertaking, if putting resources into a “Target work zone“.

The new plug endeavor may have numerous proprietors, including those not holding a candle to the current situation for the EB-5 Visa, if:

(a). All contributed capital wellspring of assets, whenever determined through legitimate methods. This necessity being the way to acknowledge of the EB-5 financial specialist visa application, check whether you meet the definitions identified with a wellspring of assets and legal methods for your EB-5 Visa application by writing to mail to us.

(b). EB-5 USA Green Card Visa – Stage-wise Application Our company gives a pre-screening appraisal structure and surveys the data gave by you, imminent EB-5 candidate. Our company affirms whether you meet the passing rules for EB-5 green cards. * Whenever qualified Our company offers conceivable assigned provincial communities alternatives that you could survey and dissect for conceivable speculation vehicle. * When you have picked the EB-5 local place in which you wish to contribute, you will consent to a commitment arrangement with us and pay the underlying retainer visa counseling charge of Our company. * Post consenting to of commitment arrangement, our company will give private contribution notice that will depict the picked provincial community venture. * You consent to the membership arrangement as a speculator and pay the authoritative expense into the Escrow account. The managerial charge contrasts from undertaking to extend premise however ordinarily goes between USD 40,000 to USD 75,000. Please note that the application of investment funds (USD 500,000 or 10, 00,000) is done in the development of the regional center, while the administrative fee is charged by the EB-5 Regional Center. The administrative fee is charged to meet expenses related to the marketing and promotion of the project. This fee is refunded if the 1-526 application is refused. * In addition to the investment funds and administrative fee, the EB-5 investor must also budget for an attorney fee of USD 15000 to USD 20,000 for managing both 1-526 and 1-829 stages of the EB-5 visa. The investor applicant must also budget for USCIS (the United States Citizenship and Immigration Service) application fee for 1-526 petition and 1-829 petition. The attorney and application fee is non-refundable. * Thus, in addition to investment funds, the EB-5 investor applicant must keep an expense of around USD 65,000-80,000 towards administrative fee, attorney fee, and application fee at various stages. Accept for USCIS application fee(s), the other two costs are variable and may differ amongst different designated Centers.

EB-5 USA Green Card Visa – Key Features,

Qualifying Criteria While the following acts as a guide towards qualifying criteria for the EB-5 Visa application, the applicable features and criteria may differ from case to case basis. Write to us to check whether you qualify the selection criteria for making an EB-5 US Green Card Visa application. The applicant must meet the definition of an accredited investor.

• An Accredited Investor means the investor has a net worth (or joint net worth with the Subscribers spouse) of at least S1 million; or
• it had an annual gross income in each of the last two years of at least $200,000 and has expected gross income in the current year of at least $200,000, or (otherwise meets the requirements for an Accredited Investor as defined in the regulations.
• The enterprise/business in which the applicant is investing must have been formed after November 29, 1990. The EB-5 investment in businesses established before this date can also be considered provided the investment by the applicant for the EB-5 Green Card ‘expands’ or “restructures” the existing business.
• The degree of “restructuring” or “reorganization” that will qualify under the EB-5 is not defined and the key determinant will be whether or not 10 new jobs have been created. * As regards the “expansion” of commercial enterprise, only an expansion resulting in an increase of at least 40% in business net worth, or in the number of business employees could be considered a qualifying EB-5 definition.
• This may mean that a qualifying EB-5 investor expanding the business may be required to employ more than 10 employees if the pre-expansion number of employees was more than 25. * All the above complications can normally be avoided if the investor chooses a designated regional center as a route to make the application under the EB-5 Visa category. It centers responsibility to get the project pre-approved as regards definitions of commercial enterprise and also ensure that the requirement of at least 10 new jobs — against the applicants’ visa is met. He can do so by making an investment in a designated center having an approved project in a target employment area (TEA). The business/enterprise must be for-profit and be at risk. It excludes non-commercial activity, like owning and running a personal residence or non-for-profit business. The form of ownership may include sole proprietorships, partnerships (Limited or General), holding companies, joint ventures, corporations, business trusts, or any other form of permitted business entity that is publically or privately owned. Eb-5 investors only need to show that they have invested in a commercial enterprise and do not need to prove that they have established it.

EB-5 USA Green Card Visa Procedures –

1-526 Petition Documents The first stage for an EB-5 process is filing an application to the California service center of the United States Citizenship and Immigration Services (USCIS) using Form 1-526. The application has to be signed by the applicant. 1-526 petition must normally be accompanied by key documents. While the following act as a guide, the precise documents to accompany 1-526 application will differ from case to case basis. Write to web@abhinay.com to understand the precise documents that may be applicable and appropriate to your EB-5 US Green Card Visa application. In relation to the EB-5 commercial enterprise, the organizational documents of said business including but not limited to

* Partnership agreements;

* Incorporation documents; with supporting mergers and acquisition;

* Business registration and licensing, etc. Where EB-5 investments are done in an existing business incorporated after November 30, 1990, proof that the mentioned capital was transferred after this date, and capital infusion led to increased net worth or increased employee number by at least 40%. The EB- 5 investment must have actually been done and to support this, the applicant will show one or more of the following documents, including but not limited to:

* Enterprise’s US bank account statement reflecting deposits by the investor;

* Assets purchased for use by the enterprise;

* Documents supporting funds investment in exchange of stock; and documents supporting debts secured by applicant’s assets.

* Towards proving that EB-5 funds invested have been acquired using lawful means, the applicant can show it using documents such as: Business registration documents; Business and personal tax returns — filed anywhere across the world — during the last 5 years;

* Documents supporting judgments, actions, and proceedings (criminal and civil) against the investor applicable during the last 15 years (if applicable);

* Documents reflecting other sources of receipts, income, earnings leading to advised capital (used for EB-5 investment) investment; and

* If business and personal tax returns are not available for the last 5 years but if the applicant can still prove lawful source of funds and transfers, the appropriated reasons for such a situation should be provided.

* Money earned or asset created while being on an unlawful status of any country is not considered lawful.

* Earned income, used in creating investment supporting assets, supported by tax returns is the most effective way of proving the legitimate source of funds. At times, the income earned is tax-free and that is acceptable, so long as it is backed by filed tax returns and document which confirmed that income was a tax—free as also bank receipts reflecting money inflow into the applicant’s account. While the indicated requirements — for tax returns — are for 5 years, it helps the application to provide tax returns that go back in time. Where money or asset is gifted, the onus on proving lawful means lies with the donor gift and in addition, the donor and/or investor must pay the taxes due against the gift. Where money/assets might have been inherited and in such an instance, the EB-5 applicant is required to prove the legitimacy of funds initially used to acquire property/assets/money savings. The overall objective is that it should be possible to trace funds at all stages — acquisition, disposition, and transfer. The EB-5 1-526 petition will provide enough evidence as regards the creation of employment by applicant investment in the EB-5 project/center. The records can relate to actual employment that EB-5 commercial enterprise is already generating for 10 qualifying employees, including payrolls, paid taxes, etc. Where the EB-5 commercial enterprise is still to become operational, the 1-526 petition should be accompanied by a comprehensive business plan that provides information on expected manpower needs, job descriptions, and hiring timetable. The EB-5 1-526 petition should clearly mention the managerial role that will be played by the investor — either through day to day involvement in running a business, or by participating in policy formulation.

* The EB-5 1-526 petition must address — as applicable — issues related to the designation of the high unemployment area and/or targeted employment area. These matters are normally addressed by the designated regional center/case attorney while filing the EB-5 visa petition for conditional approval.

* Designated regional center can be any economic unit — public or private — which is involved in the promotion of economic growth in the US, through any or some or all of the following:

* Increased export sales;

* Improved regional productivity;

* Job creation; and

* Increased domestic investment

 All proposals for seeking approval as designated regional centers are filed at the California service center of the USCIS. All claimed details on promotional aspects of the commercial enterprise that will get the mentioned EB-5 investment must be verifiable. Normally, the EB-5 designated regional center project applications are approved, if they are convincing on the following areas: * The commercial enterprise is such that it will Receive capital from the investors;

* The commercial enterprise will create 10 direct or indirect jobs;

* The investment in the commercial enterprise will lead to overall economic development. The designated regional centers are regularly monitored as regards compliance on issues related to 1-526 applications and 1-829 condition removal applications.

If wishing to file the EB-5 application, through a designated EB-5 regional center, the EB-5 applicant must check to ensure that the said regional center has been approved. It is advisable to make an EB-5 visa application through an approved regional center as they look after key responsibility areas of creation and/or maintenance of 10 direct or indirect jobs as envisaged by the EB-5 policy.

We will be pleased to offer advice on some of the regional centers likely to be dedicated to the EB-5 visa program and commitment towards meeting the job creation and maintenance requirement. Look at the bouquet of the advised regional projects, do scrutiny at your end, and decide which could be the best pathway to your dream of being a US Green Cardholder under the EB-5 Investor Visa Program.

EB-5 USA Green Card Visa Procedures – Removing Conditions with 1-829 Petition Approval of an EB-5 investor’s 1-526 petition leads entitles the applicant to a conditional two-year resident visa for the US. The holder of the conditional EB-5 Green Card must make an application through Form 1-829, within the 90-day period immediately preceding the second anniversary of the applicant’s admission into the US on the conditional EB-5 Green Card Visa. Should the applicant fail to do so, his/her conditional Green Card status will stand canceled, and the removal process initiated.

The EB-5 1-829 Form is used to file for removal of conditions, with the California service center of the USCIS. 1-829 petition should ideally be accompanied by all relevant information including, but not limited to, the following:

* The EB-5 investor met the capital investment requirement.

* The EB-5 investor continuously maintained the levels of capital investment.

* The investor’s investment created 10 full-time jobs and to support that the 1-829 must be accompanied by relevant pay records, relevant tax documents, and form 1-9 records. The service center is within its right to take either of the following actions on the 1-829 petition:

* Approve the petition;

* Request for further evidence (RFE): This can be done by asking for additional documentation or responses in writing; the RFE queries normally seek clarification on a proper number of jobs created within a defined, clear and credible period of time and confirmation of committed capital investment.

* Where an RFE is issued, the center director should either approve the 1-829 petition or refer for adjudication to a district office. The service director will normally refer to the district office if he is not convinced with offered responses and/or feels that an interview is required.

The district office will either approve or deny the 1-829 petition; if denied, there is no appeal from such a decision and at best, the holder can request a review of the decision during removal proceedings.

* During the pendency of the 1-829 petition, the conditional EB-5 status of the visa holders stays valid and it is extended automatically in increments of one year till such time that the USCIS acts on their pending application. If the 1-526 petition was made through a designated EB-5 regional center, then it is best to take their services in preparation and filing of the 1-829 petition. Should the condition be removed, the USCIS service center will remove the conditions on the second anniversary of the applicants’ admission and issue the new permanent resident green card directly to the visa holder.

Our company works with the best of the American lawyers and approved designated regional centers, the overall objective being approval of both 1-526 and 1-829 petitions.

EB-5 USA Green Card Visa Procedures – Termination of EB-5 Visa Status There can be 3 key grounds of refusal of the EB-5 status during the two-year conditional period: Where it is proved that the investment under the EB-5 Visa was made with the intention of evading the US immigration laws; Where the commitment capital investment was not made, or the capital investment was not sustained during the 2-year conditional period; and

* Where the investment did not conform to the requirements of employment creation provisions. Even if you seek more information about EB-5 Green Card Visa you can write an email to us and one of the most experienced immigration consultants will get in touch with you to help you out with your questions and concerns or you can also choose to call us.