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.
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); and
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.
The USCIS requires that EB-5 investments result in the creation of 10 full-time jobs for U.S. workers. These jobs must be created within the two year period after the investor has received their conditional permanent residency. In some cases, the investor must be able to prove that their investment led to the creation of direct jobs for employees who work directly within the commercial entity that received the investment. However, the EB-5 investor may only have to show that 10 full-time indirect or induced jobs were created if the investment was made in a regional center. Indirect jobs are those created in businesses that supply goods or services to the EB-5 project. Induced jobs are jobs created within the greater community as a result of income being spent by EB-5 project employees.
There are several types of business entities in which an EB-5 visa applicant can invest. In general, the applicants can invest directly in a new commercial enterprise or in a regional center. New commercial enterprises are lawful for-profit entities that can take one of many different business structures. Such business structures include corporations, limited or general partnerships, sole proprietorship, business trusts, or other privately or publicly owned business structures. All new commercial enterprises must have been established after November 29, 1990. However, older commercial enterprises may qualify if the investment leads to a 40-percent increase in the number of employees or net worth, or if an older business is restructured to such a degree that a new commercial enterprise results. In addition to individual business enterprises, EB-5 visa applicants can also invest in EB-5 Regional Centers. Regional centers administer EB-5 projects. It may be more advantageous for an investor to invest in a regional center-run project because the investor will not have to independently set up the EB-5 projects.
The following individuals are eligible to apply for an EB2-NIW:
$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.
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.
It is our professional opinion that it is very expensive way of obtaining legal permanent resident.
Letter in Support of the visa petition
Incorporation Documents: Certificate of Formation; Printout from the website of the Texas Secretary of State with details of the company registration
Federal Employer Identification Number (FEIN)
Stock Certificates
Ledger: Record of Certificates Issued and Transferred
Wire transfer for
Letter from Bank Official confirming account has been opened for the company
Bank Statement
Lease Agreement
Payment for deposit and first month’s rent
Letter from Landlord confirming arrangement for additional space has been made to allow for future growth
Photographs of the commercial leased property
Organizational Chart
Beneficiary’s Job Description
Job Description of the employees that will be hired and directly supervised by the Beneficiary
Business Plan
Passport identification and U.S. visa pages
Police Clearance Report
Resume
Copy of Degrees
Source of funds for $800K or $1.05 M
*we are not a law firm
*If you want your application processed within 15 days
VMA 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.
VMA is led by Mr. Sanjay Singh, 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. Sanjay Singh, a visionary with a diverse entrepreneurial background spanning the Food Industry, Immigration Consulting, Real Estate, Mortgage, and IT sectors, brings invaluable experience to VMA. His leadership has empowered thousands of families to achieve seamless transitions and successful settlements across North America.
VMA 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.