Each year, up to 10,000 visas are available to qualified immigrants who seek permanent resident status based on their engagement in a commercial enterprise. A U.S. employer is not required, and neither is labor certification. This type of immigration allows varying degrees of direct involvement in the enterprise invested in by the immigrant. If you choose this type of immigration you may choose to participate directly in daily operations, or you may choose to have a more passive role.
Eligibility for Investment Immigration
Under the EB5 program, an investor (and the investor's spouse and unmarried children and stepchildren under age 21) must invest a certain amount of money in a new or existing enterprise. The most popular way that people obtain their green card through investment is by investing $500,000 in a designated Regional Center located in an economically distressed area.
The I-526 Form
Applicants do not have to pay a biometric fee with their I-526, but they do have to pay a nonrefundable application fee of $1,500. Many immigrant investors choose to work with an EB5 consultant from the beginning to make sure that they complete all required documentation on time and to help them select a Regional Center in which to invest. By working with a consultant, applicants are less likely to miss a deadline or neglect to file an important piece of paperwork.
Other Required Documentation
Along with your I-526 form, you will be required to submit documentation showing:
• Evidence that your enterprise is in a targeted employment area
• Evidence that you have invested or are investing the required amount
• Evidence that you obtained your investment capital lawfully
• Evidence that at least 10 full-time jobs will be created from your investment
Removing Green Card Conditions
After two years, you may apply to become a permanent lawful resident by filing a form I-829 to remove the conditions on your green card. You must file this form within 90 days before you have lived in the United States for two years. Three years after having the conditions removed from your green card, you will be eligible to apply for U.S. citizenship.
Tuesday, August 28, 2012
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