Through several series of articles, we will discuss a few options interested investors can easily use to acquire assets, business, and real estate that will allow them to eventually become a resident or a citizen of the United State of America.
We interviewed expert attorneys that specialize in working with international investors and they gave us plenty of insights regarding different Visa programs. While the information we are presenting deem credible, we always recommend you speak with an attorney regarding your particular situation. So here we go:
EB-5 Immigration Visa privileges:
- Applicant may live anywhere in the U.S. and stay as long as he/she wants.
- When applicant first receives the green card through investment, he/she may work in his/her own company. After a certain length of time, applicant may work anywhere or not work at all.
- Applicant may travel in and out of the U.S. whenever he/she wishes.
Limitations:
- Applicant may maintain a large business investment in the U.S. for al least three years.
- Applicant’s place of actual residence must be in the U.S.
- Applicant must pay taxes on worldwide income because he/she is regarded as a U.S. resident.
- Applicant cannot remain outside the U.S. for more than one year at a time without special permission, or may risk losing the status.
Quote Restrictions:
- Applicant may maintain a large business investment in the U.S. for al least three years.
- Applicant’s place of actual residence must be in the U.S.
- Applicant must pay taxes on worldwide income because he/she is regarded as a U.S. resident.
- Applicant cannot remain outside the U.S. for more than one year at a time without special permission, or may risk losing the status.
$500,000 investment:
- The required dollar amount of the investment may be reduced to $500,000 if the business is located in a rural area or in an urban area with an unemployment rate certified by the state government to be, at least, 150% of the national average.
- Rural areas are defined as locations not part of an official metropolitan statistical area or not within the outer boundaries of any city having a population of 20,000 or more.
Nature Of The Investment:
- The entire investment does not have to be in cash. Cash equivalents such as certificates of deposit, loans, notes, equipment or inventory qualify.
Multiple Investors:
- A number of investors may join together in creating or expanding a U.S. business and each may qualify for a green card through a single company. However, the individual investment of each person must still be for the minimum qualifying amount, and each investor must be separately responsible for the creation of ten new jobs.
Purchasing A Troubled Business:
- Purchasing a financially troubled business releases the investor from having to increase the net worth or the number of employees.
- It does not, however, excuse the $1 million minimum investment requirement.
- To qualify for a troubled business, the company must have been in operation for at least two years, and have had an annual loss during those two years equal to at least 20% of the company’s net worth.
- An investor buying a troubled business is prohibited from laying off employees.
Conditional Residence:
- Purchasing a financially troubled business releases the investor from having to increase the net worth or the number of employees.
- It does not, however, excuse the $1 million minimum investment requirement.
- To qualify for a troubled business, the company must have been in operation for at least two years, and have had an annual loss during those two years equal to at least 20% of the company’s net worth.
- An investor buying a troubled business is prohibited from laying off employees.
Removing the condition:
- In deciding removal of the condition, USCIS will investigate whether or not the proposed investment has actually been made, if ten full-time employees have been hired, whether or not the business is still operating and if the business is still owned by the investor who got the green card.
- If any of the conditions cannot be proven to USCIS’s satisfaction or if the removal of the conditions is not filed within 90 days of the two-year conditional period, the investor will lose the green card and will be subject to removal from the U.S.
- If USCIS is satisfied, the condition will be removed and a permanent green card will be issued.