Foreign investors can obtain a residence permit, or Green Card, as it is called in America, under the government's EB-5 program. The most loyal conditions have been created for this category of immigrants. The risk of failure is minimal. There are no requirements for language proficiency, education or business experience. You don't have to take any exams or hope to win the lottery. The rights to live and work in any state are granted not only to the investor, but also to his family members.
The official website of the program
The state program of investment immigration in the United States EB-5 has been in effect since 1990. It is extended every year by a separate decree, and amendments are periodically made to adjust the conditions for issuing green cards. The project is in demand, the number of applicants exceeds the number of available visas. Citizens of China, India and Vietnam are in the lead.
Under the terms of the program, an applicant for a residence permit can invest in business independently or through the Regional Center (RC) – a company licensed by the United States Citizenship and Immigration Service (USCIS).
The RC has three tasks. First of all, it selects projects for participation in the EB-5 program (usually large development initiatives). Secondly, it attracts capital from investors. Thirdly, it provides support – at the stage of preparing documents and in the further operating of the business.
The Regional Center cannot guarantee a refund by law; the investor is considered to bear the business risks. Therefore, it is extremely important to approach the choice in a correct way: to request statistics of petition approvals from the RC, a list of already implemented projects, the results of refunds to investors. That is, to evaluate their commercial proposals, analyzing the potential of a particular business. If the project turns out to be successful (and it often does), after 5-7 years the investor can return this capital in full and even with a profit, retaining the green card.
There is a quota for issuing a residence permit under the EB-5 program. Previously, the United States issued no more than 10,000 permits per year to investors and their family members. The number of quotas in 2021 almost doubled up to 18,500.
Investments in business or projects of regional centers
You can invest in a new or existing business, also in a regional center project in any state of the United States.
The investment should create 10 or more job positions for qualified full-time employees, the business should be profitable (at least at the time of applying for a permanent green card).
Investments in business or projects of regional centers
You can invest in a project in rural areas (with a population of 20,000 or less) or a high unemployment zone (determined by the local authorities).
But the requirement to create at least 10 job positions and demonstrate business profitability remains in place.
The fixed investment amount will be valid until January 1, 2027. After a while, the authorities will revise it upwards depending on the region.
More than 90% of applicants for a residence permit invest through Regional Centers (RC). This allows to finance multimillion-dollar projects (shopping centers, residential areas, infrastructure facilities, etc.), which are implemented by reliable developers with the support of banks and local authorities with a capital of $800,000. Investments become completely passive, business risks are reduced. The RC takes care of business development and creation of job positions. The terms and conditions of capital return are prescribed in the agreement with the investor: as a rule, funds can be returned in 5–7 years with a yield of up to 1% per annum.
Together with the investor, a residence permit can be obtained by a spouse and children under 21 years of age, if they are not married.
Applicants for an EB-5 green card (unlike other US immigration programs) do not have requirements for age, language skills, education, or business management experience. There is no need to prove family or business ties with the country, pass exams or participate in the lottery. Citizens of any country can submit petitions.
The key requirement is to prove the legal origin of the funds. Problems with the law (outstanding convictions, violations of visa legislation) may also become grounds for refusal.
The package of documents for filing a petition turns out to be huge (hundreds of pages), a significant part of it is the proof of legal origin of the capital. It is very important to provide detailed statements to track the movement of funds. All the documents must be translated into English. Immigration attorneys assist the applicants at this stage.
The US Immigration Service charges fees for considering petitions for a "conditional" and permanent green card - about $10,000–15,000.
Regional Сenters provide an administrative fee for investors – usually $50,000-80,000.
The immigration attorney's fee is $20,000–50,000, depending on the qualifications of the specialist and the complexity of the case.
It is worth budgeting $100,000–150,000 in addition to the amount of investment. This amount is enough to cover the above and other minor expenses.
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