Eb-5 visa is a swift way to obtain your green card for your and your immediate family members. It doesn’t requires certain education, experience or anything else other then obtaining the legal age to enter into a legal transaction, prove of source of income and lack of any inadmissibility issues such as certain deceases, previous illegal stay in the US, crimes, etc.

An alien entrepreneur once approved upon applying form I- 526 petition, he/she can adjust their legal status with USCIS which grants them permanent residence for a 2 year period, after that the investor should file form I- 829 three months prior to the 2 year approval expiration date to grant them a permanent status for themselves and their families. The investor should provide documents that prove that they invested in a new commercial business and invested an amount of $ 500,000 or one million dollars based on the geographical area and that the new commercial business will create at least 10 full time direct jobs for the 1 million or 10 indirect jobs for the $500,000 investment.

Proving Source of income of Eb-5 visa applicants.

Moreover, the investor must prove his source of income. This can be a hard task to achieve for many investors especially that immigration denials are because of lack of the investor’s ability to prove his source of income.

source of income can be proved in different ways. For an example a professional such as a doctor can show his previous deposits during a long period of time which accumulated to the requested amount of investment. An inheritance can be another way of showing source of income. A gift from a siblings or a parent can also be proven by showing the source of income from the grantor or the person giving the gift. Same applies to business owners who can prove their source of income by linking both the personal and business account together. In other words, the business owner must show or prove that the money that is in his personal bank account was a direct result of his business operations.

Children less than 21 years of age

Usually, the beneficiary of the Eb-5 petition (the investor) can sponsor or apply for his/her immediate family members, such as spouse and children. The children must be less then 21 years of age at the time the I-526 (the initial temporary green card application) was filed. The children may be protected in some cases even if child reaches 21 while the petition is still pending with the USCIS.

EB- 5 Regional center

A new program for investors which is called the investor pilot program , utilizes a regional center which is an economic unit enhancing growth and job creation, whose organizers must prove their impact on the local or national economy . Two forms which are I-924 or I-924 A are used for an investor to apply which could take up to 10 months for approval.

The regional center can be terminated by the USCIS if not found feasible or fraud has been detected , and there is no guarantee by the government to change the investor’s legal status.

Immigrant investor regional centers

A list of regional centers is available listed by state alphabetically , and the approval of an EB-5 regional center application by the USCIS doesn’t necessarily mean endorsement and doesn’t minimize risk to the investor

Questions and Answers : EB- 5 Economic methodologies

USCIS provides clarification to 2 main questions : 1- For projects that involve hotel development , the investor should provide proof that the development has resulted in an increase in visitor’s spending and thus resulted in the raising of employment in the area.

2- A regional center may use funds provided by EB- 5 investor to purchase real estate which could result in an increase in employment.

meeting with clients, business partners or attending conferences, etc. B-1 visa is a type of visa which is  is issued usually from the American embassy in the place where the applicant resides. The applicant must present certain documents to prove his temporary stay in the US along with a letter of invitation and proof of financial ability to support the applicant during his/her temporary stay. The applicant can be entitled to a work authorization in some limited cases. This is a quick visa for business investors, entrepreneurs and employees of foreign companies.  However, the limited duration of this B-1 visa and the inability to work, in most of the times, make other type of visas more solid for investors planing to stay in the US for longer times.

E- 1 and E-2 Treaty visas This type of visa is available for certain countries that have a treaty agreement with the US. Generally speaking, the E-2 investor visa is for foreign investors who plan to invest some investment, such as $120,000 in opening a new business or buying or sharing an exciting business.

The visa petition is usually adjudicated or reviewed by the consulate where the foreign investor resides. If the investor is already in the US he/she can apply for change of status from inside the US.

The investment can be any legal business for profit, such as opening a diner, grocery store, gas station, car dealership, etc. the investor must show to the immigration that the investment will sustain a living for him and his immediate family. In other words, the business must generate enough money starting from the minute the investor enters the US.

This can be proved by presenting a good rational and reasonable business plan projecting the future financial goals of the investment. It becomes easier if the investor is investing in an existing business that is already showing positive income, employees on the payroll, etc. For opening new investments, it gets harder to prove the financial future projections without showing a solid business plan.

Also, the investor must show that he already committed himself financially into this investment such as wiring the money to the US business account or by opening an escrow account. In other words, there has to be an unequivocal commitment from the foreign investor that the money will be ready on the same day the investor arrives to the US.

The visa is usually given in a two year increment which can be renewed indefinitely as long as the business is in operation, hiring employees, paying taxes, etc. This visa is provided to the foreign investor and his immediate family members such as the spouse and children less than 21 years of age.

The immigration would like to see that the foreign investor has already purchased or leased a premises and made substantial steps toward opening the business upon arrival to the US. This requires some capital to be invested into the business such as purchasing furniture, etc.

Also, the immigration would like to see that you are in the process of hiring local workers which can be presented in your business plan financial forecast. To check countries eligible for the E-2 visa go to http://travel.state.gov/visa/fees/fees_3726.html The investor must show that he/she is the owner of the US business or at least 50%.

Moreover, the investor must prove his ability to run the business by having enough education experience or both. In addition, the immigration looks at the value and cost of the investment, in which the lower the value or cost of the investment or enterprise is the higher the investment must be. This is required to show that the investment is substantial, this should be applied proportionally.

E-1 visa or what’s called the treaty trader visa, applies to investors who are planning to establish an international business, mainly between the US and the foreign county which has the treaty agreement with the US) The rules are similar other then proving the viability of the business internationally.