There are two investment options available to green card investor: a) the “regular” EB-5 program; and b) the Regional Center program.
The EB-5 regular program allows you to live anywhere in the United States that you choose. You can also invest in any type of business.
There are three basic requirements that you must meet in order to qualify for the EB-5 regular program:
1. You must invest in a new commercial enterprise (see below) 2. You must invest at least $1 million USD 3. Your business must directly create 10 full-time jobs
Choose Your EB-5 Business Investment
The term “new commercial enterprise” can be misleading. There are actually several ways to meet this qualification, including:
1. Create a new, original business 2. Purchase an existing business 3. Form a new business by restructuring or reorganizing an old business 4. Expand an existing business
Since you must begin the investment process prior to or simultaneous with your EB-5 application, your choice of an appropriate business is extremely important.
Forms of Investment
Your EB-5 investment must be made with “lawful” funds. Proof of capital sources includes tax returns (up to 5 years) and foreign business registration records. Applicants may also be asked for certified copies of any judgment, pending civil or criminal action, or private civil actions involving the applicant which arose in the past 15 years. While loans may be used as a partial source of funds, the loans are subject to a number of restrictions. Failure to structure the loan properly may lead to denial of the application.
EB-5 Job Creation Requirements
The 10 full-time jobs being created for U.S. workers are in addition to the EB-5 investor and any family members. Any employee authorized to work in the U.S., including green card holders, will fulfill the job creation requirement. Hiring for all positions must take place within two years of your investment, and a hiring schedule must be documented.
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