US business immigration

 

Immigration law is our specialty.  We are representing individuals and businesses in:

1.    Business Immigration - obtaining Green Cards through investment;

2.    Foreigner Start Ups and Entrepreneurs in starting business in the United States and obtaining L-1 visas;

3.    Executives, Artists, Athletes, Scientists in obtaining Green Cards for people with extraordinary abilities;

4.    O-visas

What is the EB-5 program?

 

Employment-Based Fifth Preference program is an immigrant Investor Program created by US Congress in 1990 to stimulate the US economy. Under this program, foreign nationals who invest in US business can obtain permanent resident status in the US for themselves, their spouses and their unmarried children under the age of 21.

 

Section 203(b)(5) of the legislation makes foreign nationals eligible for permanent residency by engaging in a commercial enterprise that will benefit the American economy and directly create at least 10 full-time jobs for U.S. citizens, lawful permanent residents, and other immigrants lawfully authorized to be employed in the United States. Congress allocates 10,000 immigrant visas annually for this employment-based preference, the EB-5 category.

 

How does the EB-5 program benefit you?

 

·         The USA is a stable economy with low inflation with a sound legal and tax system;

 

·         Ownership rights do not depend on investor’s nationality and citizenship;

 

·         A high level of liquidity and profitability; including 8 – 12% annual return on commercial real estate investment;

 

·         Excellent opportunities to provide children with benefits of US based education, including colleges and universities while paying lower tuition rates available to US residents;

 

·         Access for investor’s  family  to high quality healthcare and retirement opportunities on the same conditions available to US residents (with exception of Government provided health and retirement benefits for US citizens);

 

·         The EB-5 program is an expedited way to obtain a US green card and US citizenship as compared to the employment and family based green card categories;

 

·         Foreign investors do not need to speak English, meet specific business or education requirements or have sponsorship from an employer or family member;

 

·         Investors with a green card can travel to and from the United States without a visa.

 

General Requirements

 

EB-5 investors must invest in a new commercial enterprise and it cannot invest in noncommercial activity such as owning and operating a personal residence.

 

Create or preserve at least 10 full-time jobs for qualifying US workers within two years or under certain circumstances within a reasonable time after the two-year period of the immigrant investor’s admission to the US as a Conditional Permanent Resident. The jobs requirement can be fulfilled by direct or indirect jobs creation.

 

Qualifying investment in the US can be $1M or $500,000 (Targeted Economic Area defined as a rural area or a location experiencing unemployment that is at least 150 percent of the national average).

 

Types of capital

 

Investment in the EB-5 Visa program can be made in the form of cash, cash equivalents, equipment, inventory or other tangible property;

 

Capital does not include loans made by the investor to the venture, however, the investor may borrow the investment money if it is secured by assets owned by the investor, provided the investor is personally liable for repayment of the loan;

 

The investor may receive a gift of funds, if all applicable taxes required by law have been paid.
 

 “At risk”
 

The USCIS requires validation that all capital investments are classified as “at risk” with no guarantees being made by the project to the investor. This is to confirm that the capital will actually be used for the purpose of creating jobs and profit-generating activity. Proof of actual business activity is also required and the use of capital investment for expenses or reserve accounts unrelated to job creation does not constitute “business activity”

 

Verification of lawful source

 

Proof that the capital has been invested by the actual investor is required. The documentation should trace the capital from the investor directly to the investment.

 

The USCIS also requires that the investor provide documentation that proves the source of their investment funds was obtained legally. Proof of documentation is provided through previous tax returns and financial statements.

 

How does the EB-5 program work?

 

Step 1 - A potential investor is required to file a petition with the US Citizenship & Immigration Services (USCIS). Upon approval of this application, the investor and immediate family (which includes spouse and single children under 21 years of age) may apply for an Immigrant Visa at the US Consulate or if the investor is already located in the United States, apply for an Adjustment of Status at any regional USCIS office.
 

Step 2 - Fill out the subscription agreement and fund the investment to Regional Center. One time administrative fee is charged to the investor by the Center. Then the investor will submit the documents to file I-526 Petition for immigration purposes. If the I-526 approved, the investor executes and submits a form to request an interview with USCIS to adjust status if present in the US or the Department of State through a consular process in home country. Then, if favorable, family members must enter in the US within 180days, and start a 2 years conditional period.

 

Step 3 - Prior the termination of this two-year preliminary period, the Conditional Permanent Resident must file an additional application with the USCIS to request removal of the conditions (referred to as the filing of the form I-829). If the investor has demonstrated that they invested and/or was actively in the process of investing the required capital, the investor maintained the investment throughout the two-year conditional period and the required jobs were created, then the application should be approved and the investor will receive unconditional green card status

Tel: +994-55-7121462

E-mail: dejure@dejure.az

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