Investment Visa EB-5

The Immigrant Investor Program, created in 1990 by the US Congress to help stimulate the economy through creation of jobs, as well as attract foreign capital investment through immigrant influx, is administered by US Citizenship and Immigration Services (USCIS). Under a comparatively smaller immigration pilot program which was first enacted into law in 1992, and thereafter routinely re-authorized ever since the year, certain investment visa categories are also set aside exclusively for foreign investors interested in Regional Centers, particularly designated by the USCIS, basing their choice on proposals that hold economic growth potential.

Every holder of an investment visa is required to invest his capital in new commercial ventures. For this purpose, commercial ventures for investment visa holders include those that were first established since November 29, 1990, or the ones established either on or well before the same date, as follows: 1) Commercial ventures purchased and current business or trade reorganized or restructured so that another new commercial venture would thereby arise, or 2) Commercial ventures to expand through induction of fresh investment in a way that a 40% net worth increase.

Commercial ventures mean any activity for increasing profit that is fashioned for the purpose of conducting ongoing lawful business of the enterprise. This would include yet not limit itself to one of the following:

  • A sole proprietorship company
  • A Partnership (whether general or limited)
  • A holding company
  • A joint venture
  • A corporation
  • A business trust or some other entity that may be privately or publicly owned

The last definition deems to embrace a commercial venture that comprises holding companies, along with their subsidiaries which are wholly owned, provided every such subsidiary has been engaged in an activity for increasing profit that is fashioned for the purpose of conducting ongoing lawful business of the enterprise. This definition however excludes all activities of a non-commercial, such as being the owner as well as operator of self owned residential premises.

All such commercial ventures will need to preserve or create a minimum of ten full time employment opportunities for US workers who reasonably qualify. This should necessarily be achieved within a 2-year period, or under particular circumstances within an allowable time period after lapse of the first 2-year period. Date for commencement of this time period would correspond to the immigrant investment visa holder’s own admission into the US, on the status of conditionally allowed permanent resident.

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