EB-5 FOR THE IMMIGRANT INVESTOR
The EB-5 visa allows an immigrant investor and his or her family to acquire lawful permanent residency (obtain a green card) to live in the US by investing a minimum of $500,000 in a new enterprise that creates US jobs.
EB-5 is an investment visa under the Employment Based (“EB”) categories of the Immigration & Nationality Act of the United States. The program has created billions of dollars in capital investments in the U.S. economy and produced tens of thousands of American jobs while providing thousands of green cards to investors.
In order for an applicant to qualify under the basic EB-5 Visa program and obtain a green card, they must meet the following three requirements:
1. Make an investment in a new commercial enterprise (this can be a pooled investment).
2. Make the required minimum investment determined by project location. If located in a rural or Targeted Employment Area (TEA), then the required investment is $500,000. If not, then $1,000,000 is the requirement.
3. Lead to the creation of employment for at least 10 full-time U.S. workers (direct jobs). If the investment is done through a Regional Center the jobs can be indirect or induced (example: constructions jobs created).
EB-5 Projects can be an entrepreneurial project, a direct pooled project, or part of a regional center project. Regional centers are best for EB-5 applicants who are more concerned with obtaining residency status rather than directly managing an investment on their own.
OTHER BENEFITS OF EB-5 VISAS
No Sponsor Needed
No need for an employer or a family member to sponsor the immigrant investor. The investor uses their own funds to qualify.
No Waiting
There are currently no back logs for obtaining an EB-5 visa. Many other employment or family sponsored visas have years of back log before an immigrant visa is available.
Green Cards
Green Cards for the investor and their family. Lawful permanent Residency for the investor, spouse, and children under 21 years old.
U.S. Citizenship
After 5 years of lawful permanent residency, you are eligible to apply for U.S. citizenship.
Live Anywhere
You can live anywhere in the United States.
EB-5 FOR U.S. DEVELOPERS
- EB-5 is used by US project developers to diversify their capital stack
- Many times, EB-5 capital is referred to as alternative financing.
- An estimated $8.7 billion has been invested into the U.S. and an aggregate total of an estimated 35,140 jobs have been created through the EB-5 program since October 2012.
- All “at-risk” investment
- EB-5 is not limited to real estate – it is a job creation program.
Examples of EB-5 Projects:
- Large real estate development projects
- Manufacturing
- Assisted living facilities
- Charter schools
- Motion pictures
EB-5 PROCESS EXPLAINED
Hurtado Cavanaugh | Attorneys at Law works closely with a complete team of top professionals to guide you through the project. Watch this video below developed by our friends at eCouncil, Inc. to learn more about how EB-5 capital can help fund your projects.
EB-5 AND THE SEC
If a US-based project developer approaches an investor to invest in an EB-5 project, the project is engaged in the offer and sale of securities. Such activities are regulated by the Securities and Exchange Commission (SEC) and the relevant state securities authority. As participation in the EB-5 Immigrant Investor Program grows, regulatory interest by the SEC grows as well.
Hurtado Cavanaugh | Attorneys at Law will work with you and experienced SEC counsel in the preparation of your EB-5 project. Schedule a Consult today.
THE EB-5 REGIONAL CENTER PROGRAM
An EB-5 Regional Center is an umbrella of capital investment projects for investment by EB-5 investors that has been recognized and approved by the U.S. Immigration Services for a designated geographic region. The major advantage for regional center designation is that the regional center can take advantage of indirect job creation. Thus, Regional centers assist EB-5 investors and project developers meet the qualifying job creation requirements of the EB-5 program. A regional center can be private or publicly owned. Regional centers are involved with the promotion of job creation, improvement and revitalization of communities through economic growth. Regional Centers can be a hub to attract projects in a particular community to spur growth and development.
Request a Consult with an Experienced Attorney
We have meeting locations all over the US and the world; consults can be done in person, via phone conference, or Skype.
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