American Green Card – Employment Category

Investment Visa Category

EB-5 is the most popular category especially those form China and other countries. People from India is also showing interest but not that lot of people from India is obtaining green card through this category. The main reason is the amount of investment needed and the delay in obtaining 2 year Green Card and then finally the permanent Green Card.

Investment of Capital
Congress created the immigrant investor category so the U.S. economy can benefit from an immigrant’s contribution of capital. This benefit is greatest when capital is at risk and invested in a new commercial enterprise that, because of the investment, creates at least 10 full-time jobs for U.S. workers. The regulations that govern the category define the terms capital and investment with this economic benefit in mind.

Investment
The immigrant investor is required to invest his or her own capital. The petitioner must document the path of the funds to establish that the investment was made, or is actively in the process of being made, with the immigrant investor’s own funds.

To invest means to contribute capital. A loan from the immigrant investor to the new commercial enterprise does not count as a contribution of capital. A contribution of capital in exchange for a note, bond, convertible debt, obligation, or any other debt arrangement between the immigrant investor and the new commercial enterprise is not a capital investment.

To qualify as an investment, the immigrant investor must actually place his or her capital at risk. The mere intent to invest is not sufficient.

For petitions filed on or after November 21, 2019, those amounts are $1,800,000 or $900,000 respectively, and automatically increase October 1, 2024, and every 5 years thereafter.

Lawful Source of Funds
The immigrant investor must demonstrate by a preponderance of the evidence that the capital invested, or actively in the process of being invested, in the new commercial enterprise was obtained through lawful means. Any assets acquired directly or indirectly by unlawful means, such as criminal activity, are not considered capital. In establishing that the capital was acquired through lawful means, the immigrant investor must provide evidence demonstrating the direct and indirect source of his or her investment capital.

Targeted Employment Area
A targeted employment area (TEA) is a rural area or an area that has experienced high unemployment. A rural area is any area other than an area within a standard metropolitan statistical area (MSA) (as designated by the Office of Management and Budget) or within the outer boundary of any city or town having a population of 20,000 or more based on the most recent decennial census of the United States. A high unemployment area is an area that has experienced unemployment of at least 150 percent of the national average rate.

Comprehensive Business Plan

A comprehensive business plan should contain, at a minimum, a description of the business, its products or services (or both), and its objectives. The plan should contain a market analysis, including the names of competing businesses and their relative strengths and weaknesses, a comparison of the competition’s products and pricing structures, and a description of the target market and prospective customers of the new commercial enterprise. The plan should list the required permits and licenses obtained. If applicable, it should describe the manufacturing or production process, the materials required, and the supply sources.

Creation of Jobs

The creation of jobs for U.S. workers is a critical element of EB-5. It is not enough that the immigrant investor invests funds into the U.S. economy. The investment of the required amount of capital must be in a new commercial enterprise that creates at least 10 jobs for qualifying employees. It is important to recognize that while the investment must result in the creation of jobs for qualifying employees, it is the new commercial enterprise that creates the jobs.

Caution: The process is very time consuming and expensive and you are investing in America at risk (money will be in business), without able to manage your business and has to trust someone else to manage your money and business until you get 2 year green card.

Disclaimer: The above information of general nature and not intended for specific cases related each individual cases. For each individual cases you are asked to contact an attorney of your choice. We can be contacted through our below contact information. Thanks

Lal Varghese, Esq. Law Offices of Lal Varghese, PLLC
1111 Kinwest Parkway, Suite 120
Irving, Dallas, TX 75063 Tel: (972) 788-0777 (Main) (972) 788-1555 (Direct)
E-Mail: attylal@aol.com
WhatsApp Business Phone: +19725561109
Facebook: www.facebook.com/usattorney
Practice limited to Federal Law | Immigration and Nationality Act Practicing legal profession for more than 40 years since 1977

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