Mithras Law Group Immigration Blog

Global Immigration and Business Solutions

EB-5 Progam Rewards Wealthy Foreign Investors with a Green-card

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The EB-5 immigrant visa program has rapidly grown in popularity over the last couple of years as the quickest path to permanent residency. To encourage foreign direct investment, the EB-5 employment based visa program was created by Congress in 1990 for qualified immigrant investors who invest in and manage job-creating in commercial enterprises, in order to stimulate the US economy through job creation and capital investment.

The USCIS estimates that as of this past September the program has created 41,940 jobs for U.S. workers – at no cost to the U.S. tax payer – from investments totaling $2.1 billion.

The minimum amount per investor is $1 million of capital, although that amount is reduced to $500,000 if the investment is made in a rural or high unemployment area. The invested funds must create or save at least 10 jobs for U.S. workers and the typical term of investment is 5 years. The 10,000 EB-5 green cards available each year, 3,000 are reserved for foreign nationals who invest through a Regional Center.
It should also be pointed out that the EB-5 Regional center program does not impose upon the foreign investor’s enterprise to directly employ 10 U.S. workers, instead it requires that 10 or more jobs be created directly or indirectly as a result of the investment.
The immigrant investor’s investment of “capital”, required to be at “risk”, is defined in the regulations has a sufficiently broad meaning so as that investment of capital not only include cash, but also to includes, equipment, tangible property, promissory note and indebtedness secured by assets owned by the foreign investor.

The investors are wealthy foreigners, primarily of Indian, Chinese, South African, Russian, and Pakistani origin, who have an opportunity to invest through varied businesses and in return for their investment they are able to able to obtain a green card without having to endure the long processing times associated with work and family related visa categories.

There are two distinct types of foreign investors that opt for the visa for cash program, one that place their savings to move to the U.S. so their children can get a better education and quality of life, or then college graduates that come from wealthy families who get the investing capital from their parents to they have an opportunity to settle here with a permanent green card and have the option to become a U.S. Citizen.
The Program has been renewed several times since its inception, and is currently due to expire September 30, 2012.

For more information on this program and eligibility please feel free to contact our office.

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Written by MithrasLaw

March 9, 2012 at 10:51 am

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