Eb5 Immigrant Investor Visa And Permanent Residency

Permanent United States residency is the ultimate goal of many foreign citizens who

choose to take advantage of the numerous visa programs offered by the United States. While some of these visas are temporary in nature, others offer built-in methodology for upgrading residency from conditional to unconditional. Upon close examination of the many available visa programs, it becomes evident that the process for becoming an unconditional resident typically involves remaining compliant with the guidelines of the particular visa program for a specific period of time. After the set amount of time has passed, the immigrant has the opportunity to upgrade their residency to unconditional. In this article we will examine the conditions that must be satisfied in order for an immigrant to become an unconditional resident through the EB5 Immigrant Investor Visa Program, also known as the EB5 Green Card Program.

Investment In order to take part in the Eb5 visa program, the interested immigrant must be willing and able to invest at least one million dollars into a new or pre-existing business, or a government certified Regional Center. If that investment is located in what is known as a Targeted Employment Area (a rural area, or an area in which the unemployment rate is at least 150% that of the national average), the investment figure may be reduced to a half a million dollars.

Job Creation This portion of the Eb5 visa program is the most important, and for some investors, the most difficult to satisfy. The guidelines of the Eb5 Investor Visa program demand that the investment made by the immigrant must result in the creation of at least ten new full-time jobs for American workers. Fortunately, if the investment is made in a Regional Center, there is an option to satisfy this requirement through Direct, Indirect and Induced Job Creation. Those terms are defined as follows:

Direct Jobs Direct Jobs are jobs that establish an employer-employee relationship

between the newly established commercial enterprise and the persons that they employ.

Indirect Jobs - Indirect Jobs are the jobs held by persons who work outside the newly established commercial enterprise. For example, indirect jobs include employees of the producers of materials, equipment, and services that are used by the commercial enterprise.

Induced Jobs Induced jobs are a sub-set of indirect jobs that are calculated using economic models. These are those jobs created when direct and indirect employees go out and spend their increased incomes on consumer goods and services.

After one year and nine months of sustained job creation, the immigrant investor is advised to fill out an I-829 form. This is the petition form that, if accepted, will allow the immigrant to become an unconditional resident of the United States once two total years of residency have been accrued. This satisfaction of the guidelines will result in the issuance of a permanent residency card, commonly known as a Green Card Visa. This unconditional visa will be valid for ten years, after which time the immigrant will have the right to apply for additional ten year extensions.

by: Horace Jones

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