Investment Immigration and Investments in the USA

Investment Immigration and Investments in the USA. Methods of immigration.

What you need for immigration to the United States. Immigration visa to the United States and how to get it.

The ЕВ-5 program is an investment program for investors, that was established in 1990 with the view to attract financial funds to the US economy. The main requirement for gaining the status of the US permanent resident through this program is making investments for US$1.000.000.

In 2009, the US President Barack Obama signed the draft law proposed by the Department of Homeland Security, pursuant to which the EB-5 immigration program was upgraded and prolonged to September 30, 2012.

In order to simplify terms and decrease risks, investors were offered to invest in projects of Regional Centers created in various states of the country. The centers were entitled to issue 3000 ЕВ-5 visas every year.

How to get EB-5 visa through business, investor, regional center?
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Main requirements to comply with in order to get the visa:

  • 1.The investor must invest an amount of US$500.000-1.000.000. The amount of investment may be US$500.000 depending on the region wherein the investment is to be made. If the immigrant investor invests capital in certain geographical locations, the investment amount will comprise US$500.000. This territory is usually represented by any agricultural areas and areas with unemployment level of 150% from the average statistical unemployment.

  • 2.The investment must be ‘risky’ in re the return. The immigrant is personally liable for the invested capital. It is also necessary to keep in mind that the investment must be made by the immigrant personally and not by its controlled legal entity.

  • 3.The investment must be approved. This means that the immigrant investor must provide evidences in form of business reports or tax statements proving legality of the funds origination, whether salary, investment, heritage or gift.

  • 4.The investment must result in new enterprise establishment. According to provisions of the law, the following may be deemed new enterprise: 1) a newly found commercial enterprise of any legal form provided by the law; 2) purchase of an enterprise and its further reorganization to create a new enterprise; 3) investment in an existing business resulting in increase of net profit and/or increase of working positions within the enterprise by 40 %.

  • 5.The new commercial enterprise must have or intent to create at least 10 new fulltime working positions. This means that the investor must show that capital inflow in the 'new commercial enterprise' will lead to creating 10 new working positions for employees working 25 hour a week. These new working positions shall include positions for employees employed elsewhere. The assumption that the investor will create new working positions must be proven in a business plan showing that at least 10 new working positions will have to be created depending on type of activities and scale of the project. Thereat, approximate dates of hiring new employees within the nearest 2 years must be indicated in documents and business plans.

  • 6.The investor must manage the enterprise’s daily operation, and determine its objectives and activities.

  • 7.The investor must qualify as an accredited investor. According to SEC (the US Securities & Exchange Commission), federal security laws define the Accredited Investor in accordance with the Rule 501, Regulation D as: an individual who has a capital exceeding 1 million US owned by them individually or together with a spouse dollars or an individual with personal income exceeding US$200.000 for each of the two recent years or with spousal income exceeding US$300.000 for these years. Besides, strong evidences that the expected income will remain at the same level in the current year are required.

  • These rules, of course, have nuances and may vary depending on the situation. Thus, for instance, the requirement to create 10 new fulltime working positions does not apply to the case of investing in ‘troubled business’.
    A troubled business is a business that has been incurring 20% losses during recent two years of activities. In this situation, the petition must be accompanied by evidences that the investor will maintain the number of working positions existing in the time of investment for at least 2 years.

    Main Advantages of the EB-5 Program:

    1. Accredited investors, their spouses and unmarried children under 21 years old will be granted with the right to legal permanent residence in the USA.

    2. The EB-5 requirements concern primarily characteristics of investments rather than person. In contrast to other visa immigration programs in the world representing, inter alia, such conditions as age, business education, managerial skills, experience and achievements, and knowledge of languages.

    3. EB-5 is an effective way of getting the permanent US resident status: upon completion of the investment process, the investors and members of their families may automatically get permanent Green Cards.

    4. The investors may live, work and conduct their own business in any location within the USA.

    5. EB-5 vises provide the same opportunities in receiving education as other residential visas. These advantages include the opportunity to study at state universities and other state educational institutions and relate to state educational expenses.

    6. Permanent residency gained through ЕВ-5 provides for the same privileges as other US residents enjoy.

    7. Being a resident, the investor and their family may return the home country for personal or business purposes retaining the residency in the United States. It is not necessary to be constantly physically present in the United States.

    8. The EB-5 investors who choose to change their status and become US citizens may do it after five years of permanent residence in the United States.

    One of options for potential immigrant investors is investing in preliminarily approved regional centers within immigration investment experimental program.
    Regional centers are economic units, whether private or public, involved in the program with the view to increase economic growth, create working positions and increase local investments.

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    Main advantages of investing through regional centers within this program:

  • Eased requirements for working positions creation. Under this program, it is enough to provide evidences availability of irregular working positions. Statistical charts, theoretical calculation, analyses, etc. may be used as evidences.

  • In case of investing in target regions under the EB-5 program, the investor does not need to draw up business plans, which reduces costs. The EB-5 target development projects have already been designed, so the investing participant invests money in an already existing project.

  • Investment in projects of target regional development under the EB-5 program allows the investor to invests funds passively without seeing to company management in the USA. In this case, if the United States Citizenship and Immigration Services (USCIS) takes a favorable decision, you will get the EB-5 visa having nothing to fear of.

  • Minimum investment amount under the EB-5 program reduces to 500 thousand US dollars, which is considerably lower than the conventional EB-5 investment amount.

  • There are about 20 regional centers working under the immigration investment experimental program. They can be found in such states as California, Pennsylvania, Dakota, Washington, Louisiana, Texas, Wisconsin, Kansas, Hawaii, Nevada, etc.
    New regional centers may also be created by submitting documents to the Immigration Service.

    Procedure for Registration and Basic Stages of Immigration:

  • The investor submits the I-526 form – the ‘Immigrant Petition by Alien Entrepreneur’;

  • Upon approval of the Petition, the applicant is to be interviewed at the consulate for consideration of their biography and health condition, or, if they are already in the USA, changes will be introduced in their immigration status.

  • Important! Based on the results of consideration of the petition, the investor and members of their family (spouse and unmarried children under 21 years old) may only be granted with the status of relatively permanent US residents.

    What rights and benefits does such status provide?

  • Live in the USA permanently provided that you do not make any actions that may lead to deportation in accordance with Section 237 of the Immigration and Nationality Act.

  • Work in the United States within your vocation or by your choice except for a narrow range of positions relating to national security issues, to which only US citizens are accepted.

  • Enjoy protection of the US laws, the laws of state of residence and local laws.

  • Travel outside the USA, easily get visas to any countries of the world (in many countries, Green Card is enough to enter) and return to the USA without visa.

  • In two years, the immigrant investor and members of their family may submit the I-829 form, the ‘Petition by Entrepreneur to Remove Conditions on Permanent Resident Status’, in order to show that they fulfilled all the requirements of the US program for immigrant investors intending to get permanent Green Cards.

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