EB-5 Permanent Residence visa

What is an EB-5 Permanent Residence visa?

Green Card Through $800K or $1.05 M investment.
EB-5 visa applicants, their spouse, and their children under 21 will obtain their permanent residency green card once all requirements have been successfully met and the application is approved. Currently the process is taking around 48- 50 months.  The good news is that if you are in the United States under a non immigrant visa like B1/B2, F1 or H1B, you can file for adjustment of status and remain in the United States. During the pendency of the application you can receive a work permit and travel permit.

Required EB-5 Investment Amount

EB-5 visa applicants are typically required to make either a $800,000 or $1.05 million capital investment amount into a U.S. commercial enterprise. The EB-5 investment can take the form of cash, inventory, equipment, secured indebtedness (not against the business you are purchasing), tangible property, or cash equivalents and is valuated based on U.S. dollar fair-market value. The minimum amount of capital required for the EB-5 visa program can be $800,000 if the investment is made in a commercia Area (TEA). TEA consists of either:
  • High unemployment areas are geographic locations with an unemployment rate that is at least 150 percent of the national unemployment rate at the time of the EB-5 investment.

  • Rural areas are either:

  • Not located within any standard metropolitan statistical area (MSA)

  • Not located within any city or town having a population of 20,000 or more as based on the most recent decennial census of the United States.

EB-5 Visa Job Creation Requirements

Overview

The U.S. Citizenship and Immigration Services (USCIS) requires EB-5 investors to create 10 full-time jobs for U.S. workers as a condition of their investment. These jobs must be created within two years after the investor receives conditional permanent residency. The type of jobs required depends on whether the investment is made in a new commercial enterprise or a regional center.

Job Creation Requirements

1. Direct Jobs

  • Definition:

    Direct jobs are positions filled by employees who work directly within the commercial entity that received the EB-5 investment.

  • Requirement:

    In some cases, investors must prove that their investment directly led to the creation of 10 full-time jobs within the business.

  • Applies to:

    Investments in new commercial enterprises where the investor is directly involved in the business operations.

2. Indirect and Induced Jobs

  • Indirect Jobs:

    Jobs created in businesses that supply goods or services to the EB-5 project.

  • Induced Jobs:

    Jobs created in the broader community due to income spent by employees of the EB-5 project.

  • Requirement:

    For investments made through a regional center, investors may only need to demonstrate the creation of 10 full-time indirect or induced jobs.

  • Applies to:

    Investments in regional center projects, which allow for more flexibility in meeting job creation requirements.

Key Points

  • Timeline:

    All 10 full-time jobs (direct, indirect, or induced) must be created within two years of the investor receiving conditional permanent residency.

  • Regional Center Advantage:

    Investors in regional centers benefit from the ability to count indirect and induced jobs, which are often easier to document through economic models.

  • Compliance:

    Investors must provide evidence to USCIS that their investment meets the job creation criteria to transition from conditional to permanent residency.

Why It Matters

Understanding the job creation requirements is crucial for EB-5 investors to ensure compliance with USCIS regulations. Choosing between direct investment in a commercial enterprise or a regional center investment can impact the ease of meeting these requirements.

EB-5 Business Entities

Overview

The EB-5 Visa program allows foreign investors to obtain U.S. permanent residency by investing in a qualifying business entity that creates jobs. Investors can choose to invest directly in a new commercial enterprise or in a regional center. Each option has distinct requirements and benefits, making it important to understand the types of business entities eligible for EB-5 investments.

Types of EB-5 Investment Entities

1. New Commercial Enterprises

A new commercial enterprise is a lawful, for-profit business established after November 29, 1990. These enterprises can take various business structures, including:

Special Cases for Older Businesses:

Businesses established before November 29, 1990, may qualify if the investment results in:

Key Benefit:

Investing directly in a new commercial enterprise allows investors to have more control over the business but requires them to independently set up and manage the EB-5 project.

2. Regional Centers

Regional centers are entities approved by USCIS to administer EB-5 projects. Investors can invest in projects managed by regional centers instead of creating their own business.

Key Benefit:

Investing in a regional center is often easier because the center handles project setup and management, reducing the investor’s operational responsibilities.

Why Choose One Over the Other?

  • New Commercial Enterprise:

    Ideal for investors who want hands-on involvement and control over their business but requires more effort to establish and manage.

  • Regional Center:

    Suited for investors seeking a more passive role, as the regional center manages the project, making it less time-intensive.

Important Notes

  • All EB-5 investments must create at least 10 full-time jobs for U.S. workers within two years of receiving conditional permanent residency.

  • Investors should verify that the chosen enterprise or regional center complies with USCIS regulations to ensure eligibility for the EB-5 Visa.

EB-5 Visa Requirements Summary

  • $1.05 million capital investment, $800,000 in a TEA.

  • The investment must be made in a for-profit U.S. commercial entity.

  • The investment must create 10 full-time U.S. jobs in two years after the approval of the visa.

Regional Center Option

  • There are many companies that ask you to invest $800,000 with them for 5 years and they will get you legal permanent resident.

  • They keep your funds for 5 years and only pay 1% per annum.

  • They charge up to $70,000 extra fees as processing fees

  • There is no guarantee for the project since it is pre authorized by the government but the funds are not guaranteed by the government.

Required Documents for U.S. Corporation Visa Petition

From the U.S. Corporation

Proof of Corporate Name and Good Standing

Proof of Ownership of U.S. Corporation by Foreign Corporation

Bank Accounts

Proof of U.S. Location, Operation, and Employment

Commercial Premises

Employees

Other Evidence of Business Activity

FROM THE BENFICIARY (INFO ABOUT YOU)

Personal Documents

Beneficiary’s Credentials:

USA IMMIGRATION FEES: $5,368

Includes all case document work, and assisting with business brokering services.

0 $
Corporation Fee
0 $
Business Plan fee
*If you want your application processed within 15 days
0 $
Postage
0 $
TOTAL

Once approved, if you are in the US:

0 $
Typical Change of Status Fee
(Per Adult)
0 $
Postage

If you are outside US:

0 $
National Visa Center Fee
(Per Person)

GEMS USA Immigration and Business Consultants

  • GEMS USA Immigration is a world-class Immigration Consulting Firm that has the knowledge, experience and skills to help you realize your dream to relocate, settle and eventually immigrate to the United States.

  • GEMS is led by Mr. Bilal. Khaleeq, an immigrant and a serial entrepreneur who started his first business right out of college and has continued to initiate, build and run several successful enterprises. Mr. Khaleeq’s knowledge spans several industries over many decades and has helped thousands of families settle successfully in the United States. Mr. Khaleeq earned a Bachelors Science in Electrical Engineering (BS) from the University of Texas at Austin, a Masters of Business Administration (MBA) from Rice University in Houston Texas, and Doctor of Jurisprudence from Creighton University in Omaha, Nebraska.

  • GEMS has the expertise to guide our clients through the all aspects of relocating to the United States through various immigration options by acquiring, running and managing of business enterprises, no matter the size, the type of business or the ownership structure. Whether you want to purchase a franchise, start your business or enter a partnership, we can provide the insights and expertise to make it happen

  • Our Company can also help evaluate your experience, education and accomplishments to help you immigrate to the United States based on employment or self petitioning for legal permanent residence.

  • We believe in building strong businesses through strong personal relationships. We are excited to offer our expertise and knowledge to help you navigate the various paths towards relocating and immigrating to the USA.

The GEMS team will make the process as smooth and welcoming as possible.

Email Address

info@gemsmigration.com

CALL NOW

+971 4 278 55 00

About

At GEMS Migration, we go beyond paperwork and procedures. We believe in building trust, offering personalized guidance, and walking alongside you as you take life-changing steps toward settling in the USA or DUBAI. Your journey is our mission.

Quick Links

Sitemap

Newsletter

Subscribe to our newsletters and get the latest news.

Copyright 2023 by GEMSMIGRATION.com