Wednesday, 28 December 2011

EB-5 Visa Immigration Matters


1. Must I have previous business experience or education?
The investor is not required to have any prior business experience. Likewise, the investor
is not required to demonstrate any minimum level of education. The only requirement for the
investor is that he/she has the required net worth and capital. (Accreditations)
2. Must I speak English?
No. However, do try to learn English as it will help in an immigration interview.
3. Must I be in good health?
Yes. You must have no communicable diseases and proper vaccinations.
4. What are the benefits of the green card?
  • All legal permanent residents under the EB-5 Investor Program enjoy the same benefits as every other United States resident.
  • The U.S. is a safe harbor for your family as well as your personal and business
    investments. Any member of the family with a “green card” can enter the U.S. at any time and stay as long as he/she wishes respecting residency requirements.
  • Investors have constant and easy access to the United States for personal, trade and business purposes.
  • Permanent residents travel to the U.S. without the need of a visa. Investors may work, live, or own their own proprietary business anywhere in the United States.
  • The U.S. has internationally recognized colleges and universities for both basic education and graduate study. As a resident, the investor can benefit from lower tuition costs.
  • The cost of living in the U.S. is less than most large industrial nations. Consumer goods, services, and housing are significantly less expensive than comparable services and good in most other countries.
  • Students may work in the U.S. while they attend college and then continue to work afterwards, enabling the student to pay part of his education and to work while attending graduate and postgraduate studies.
  • The U.S. provides many financial, social and education entitlements such as public schools, health and medical attention, social security, and education.
  • The Investor has the ability to bring immediate family members to the U.S. right away and, after proper application, can obtain U.S. citizenship after 5 years.
  • The unrestricted permanent residency requires no renewal or re-application. Other
    U.S. non-immigrant visas, such as E-2 and H may never result in permanent residency, have time limits, and require additional filing with USCIS or the Department of State. Furthermore, U.S. immigration laws may change and prevent future approval when a renewal of visa is required.

What is the history of the EB-5 visa category?

The EB-5 visa category started in 1991, whereas the development of Regional Centers
began in 1993. During the mid 1990-‘s several companies competed for investment capital from
foreign investors for the EB-5 program. Most of the companies did not offer sound investment
opportunities and did not raise the full one million dollar investment capital or hire the required
number of employees.
The INS wanted to stop these abuses of the program, which involved law suits. The EB-5 program was effectively placed on hold between 1998 and 2002. In 2002, Congress passed
a new law to protect the pre-1998 investors. Also, in a case commonly known as “Chang” in
the 9th Circuit Court of Appeals ruled that INS may not apply their new rules retroactively. In
August of 2003, INS began approving regional center petitions for the first time since 1998.
It is now common knowledge that EB-5 immigration petitions based on sound
investments in designated regional centers for the full investment amount as prescribed by the
rules, with the proper supporting documentation, should be approved.

Link: http://www.eb5extell.com