Are You Now, Or Could You Become, A Large-Scale Commercial Investor?

For those who are living and working in the United States on so-called "non-immigrant visas", there may be an option of applying for an "Investor Green Card", if you can (or already may have) invest in an active U.S. enterprise on a large scale. Many would-be immigrants often neglect to consider the EB-5 Employment-Creation Green Card as a possible, long-term immigration benefit, for those who aspire Legal Permanent Resident status, and some day even U.S. Citizenship.

The USCIS, in the early 1990's, when it was still the "INS", created this option for would-be immigrants in an effort to promote large-scale economic development and job-creation in the U.S. Generally speaking, an applicant under this program is required to invest $1 million into an active U.S. enterprise and create 10 jobs. Under specific, limited circumstances, an application for the EB-5 can also be made, investing only $500,000. A reduced investment may qualify if the investment is made into a "targeted employment area", where there is high unemployment.

Many EB-5 petitions are filed based on an investment into a Regional Center. A "Regional Center" is an entity, organization or agency Houndcats has been approved as such by the USCIS, focuses on a specific geographic online homeowners insurance quotes within the United States; and seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

In order to seek status as an immigrant investor, you cashing in endowments file Form I-526, Immigrant Petition by Alien Entrepreneur with the USCIS. The Form I-526 must be filed with supporting documentation, which must clearly demonstrate that the individual's investment meets all requirements.

A successful application will ultimately lead to an initial, 'probationary' 2-year Green Card, during which the investor must adhere to and satisfy the conditions of the investment. Prior to expiration of the 2-year period, a petition must be made to USCIS, asking that the Green Card become unrestricted (i.e. permanent), due to successful completion of the Applicant's investment in the enterprise.

EB-5 Applications are not suitable for everyone. They are labor-intensive and carry with them a high evidentiary burden (=lots of documents required). However, if you are up for a challenge and think that you could possibly qualify, schedule a time to see an experienced Immigration Attorney so you can discuss vardenafil individual circumstances with that attorney.

This type of application is not the type that you want to undertake on your own. Only an experienced immigration lawyer can adequately advise you about appropriate legal strategy and possible ramifications of applying for an EB-5 Green Card.

This type of application generally takes about a year to process, once filed with USCIS. It is important to maintain your underlying immigration status, while your EB-5 application is pending.

To qualify for the immigrant investor green card, the foreign investor must meet each of the following requirements at the time of making the application:

1. The investor must have invested or be in the process of investing at least $1 million in a business enterprise.

The "investment" can be in the form of cash, cash equivalents (e.g. certificates of deposits, treasury bonds), equipment, inventory, other tangible property, or money obtained through a loan (the loan must be secured by assets owned by the foreign investor not including the investment being used for the green card).

The government will consider an application with an investment of $500,000 if the business is located in a rural area or high unemployment area. We can provide a list of rural areas and high unemployment areas in the state of Florida.

2. The capital invested must have been obtained through lawful means.

To prove this requirement, we must provide detailed information about how the investor acquired the money to invest and how the money was brought to the US.

3. The investment must benefit the US economy and must create at least 10 new full-time jobs.

There is an exception to this rule. The investor does not need to show that he has created 10 new full-time jobs if the investment is in a "troubled business" (this term in defined in section 4 below). If the investor makes an investment in a "troubled business," then he only must show that the number of employees will stay the same after the investment is made.

4. The investment must be in a "new commercial enterprise" or "troubled business."

A "new commercial enterprise" can be established in any of the following ways: 1. by creating an original business, 2. by purchasing an existing business (or the assets of an existing business) and reorganizing or restructuring the business, or 3. by investing additional funds in an existing business so that a substantial change in the net worth or number of employees results.

A "substantial change" means a 40% increase in the net worth of the business, or a 40% increase in the number of employees; so that the new net worth or the new number of employees is at least 140% of the total prior to the investment.

A "troubled business" means a business that: 1. has been in existence for at least two years, 2. has incurred a net loss for accounting purposes during the 12 or 24 month period prior to the date of making the green card application, and 3. the loss for the 12 or 24 month period is at least equal to 20% of the business' net worth prior to the period of losing money.

5. The investor must be engaged in the active management of the business, either through day-to-day managerial control or through policy formulation.

Essentially, this means that the investor should be either an officer or a director of the business.

If you like, we can discuss how you might meet these requirements. I may be able to suggest some creative ideas. Please contact me if you are interested.

Steven A. Culbreath, Esq.
Immigration Lawyer

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