Investment immigration is a legal way to gain residence or citizenship rights in a variety of countries worldwide. These include several EU countries, Australia, New Zealand and the Caribbean nations.
To qualify for a visa, an investor must make a capital investment. This can be in the form of money, stocks and bonds, real estate or any legally acquired asset.
EB-5
The EB-5 program is an immigration category that allows foreign nationals to obtain lawful permanent resident status, or green cards, if they invest in commercial enterprises in the United States. In order to qualify for this investment immigration option, an EB-5 applicant must meet several requirements. These include a minimum capital investment amount, a lawful source of funds, a path to those funds, and the creation of a minimum number of new jobs.
Applicants can invest directly in businesses or through regional centers that are regulated by USCIS. The EB-5 investment process can be complex, but it is possible for investors to meet these requirements with the help of professional legal representatives.
Before investing in a business, it is important to do your own research and find out whether the business meets all of the EB-5 requirements. This is especially true if you are considering a direct investment, since these investments require you to take a more active role in the management of the enterprise.
For a direct investment, you must invest at least $800,000 or $1,050,000 (depending on the project’s location) in a new commercial enterprise that will create at least 10 full-time jobs. This includes a minimum of 8 direct jobs and a maximum of 2 indirect or induced jobs.
Indirect or induced jobs can include those created by the business but also by other companies that are involved in supply chains and other aspects of the business. The investor must be able to demonstrate that the job creation will last for at least two years, and that they will be paid at a fair market wage.
The investor must also show that they are engaged in the management of the business, either by forming policies or handling day-to-day operations. Typically, this requires that the investor be a limited partner in a regional center, or is a principal in a direct investment.
It is also important to understand that a business that has experienced difficulty can still qualify for an EB-5 investment if it is restructured to generate at least a 40% increase in its net worth or in the number of employees. This can be accomplished through changes to the business’s structure, such as the addition of a third party, a merger, or a sale of assets.
E-2
The E-2 investment visa is a great opportunity for foreigners to enter the United States with the aim of starting or purchasing an enterprise. However, the process can take up to nine months depending on the applicant’s home country and this can be difficult for some individuals.
To qualify for an E-2 investor visa, the applicant must demonstrate that they have invested a substantial amount of money into a business that is active and profitable. This means that a passive investment, such as a piece of real estate or an interest in the stock market does not qualify. The business must also be able to make a significant economic contribution to the United States.
This can include a number of different types of businesses. For example, a franchise is often more likely to be approved than an undeveloped real estate investment. This is because a consular officer may be more inclined to consider a franchise as a legitimate and operating commercial enterprise.
In order to be successful with this application, the applicant must be a national of a country that has an investment treaty with the United States. This can be demonstrated through a valid passport or other identification documents.
The investment must be “substantial.” While no set dollar figure is used for this, it must be enough to enable the business to develop and grow in a meaningful way. This means that the investment must be enough to create a profit for the investors and their family.
Moreover, the business must be “real and operating” and not be “marginal.” A marginal enterprise is one that makes just enough money to keep the investor and their family going but does not grow or contribute to the US economy.
An investor will need to provide a five year plan that shows how the company will grow and increase its profitability over time. This can be difficult for some investors to produce, but it is crucial for proving the validity of their business venture.
In addition to this, the applicant’s spouse and children can also receive dependent E-2 status. This means that they will be able to work while their principal investor is in the United States. This status can be renewed indefinitely so long as the main investor continues to qualify.
EB-3
The EB-3 visa is an employment-based preference category that allows foreign nationals to immigrate to the United States. This visa is not as rigorous as the EB-1 or EB-2 preferences, but it still requires certain qualifications. This category is used for a variety of jobs including professionals, skilled workers and unskilled workers.
Unlike the other employment-based preferences, the EB-3 is not limited to particular job categories or occupations. It is designed to allow foreign nationals to pursue jobs in a wide range of industries, which can include professional services, manufacturing, restaurants and healthcare.
A foreign national can obtain an EB-3 visa through his or her employer, who must submit a labor certification application to the U.S. Department of Labor (DOL) certifying that there are no qualified domestic workers to fill the job opening.
Employers must also provide the DOL with financial information to demonstrate that they can afford to pay the EB-3 beneficiary at the prevailing wage for the position. The prevailing wage is determined by the DOL using statistical data from surveys of wages in the area where the job is located.
This type of labor certification is known as PERM, and the process is usually completed within three to five months after the petition is filed. The next step is for the US employer to file an I-140 Immigrant Petition on behalf of the EB-3 beneficiary.
The petition must describe the job duties and minimum requirements of the job, and it must be submitted with the employer’s financial information to the DOL. The DOL will then make a decision on whether the job is qualifying for an EB-3 Green Card.
If the EB-3 Green Card is granted, the beneficiary must continue working for his or her sponsoring employer. After a period of time, the EB-3 visa holder can apply for U.S. citizenship, which involves filing an N-400 form with the USCIS and attending a naturalization interview. After the naturalization process is complete, the EB-3 visa holder and his or her spouse and unmarried children under 21 may then qualify for permanent residency in the United States.
EB-4
The EB-4 is an employment-based visa that allows foreign nationals to obtain permanent residency in the United States. Its application process involves two phases: the petition and the application for permanent residence. It is a preferred option for highly-specialized workers and requires less documentation than other visa categories.
The main benefit of obtaining an EB-4 is that it does not require a job market test like the other employment-based visas. If you qualify for an EB-4, you can start working immediately once your visa is approved.
Another advantage of this visa is that it allows immediate family members to accompany you. These family members can also adjust their status to that of permanent residents once you have received your green card.
These family members can be your spouse or unmarried children under 21 years old. However, your spouse or unmarried children must first have a valid EB-4 green card to be allowed to accompany you.
Despite the EB-4 being one of the most common employment-based immigrant visas, it is important to understand that there are many different regulations and criteria involved. This is why it is important to seek advice from an experienced EB-4 lawyer.
A qualified EB-4 attorney can help you file all of the necessary documents, make sure your fees are filed correctly, and ensure that you do not have any unrecognized issues when it comes time to apply for a green card. This can make all the difference in whether you are able to secure your immigrant visa and get started on a successful career in the United States.
While there are many benefits to the EB-4 visa, it is important to remember that it is subject to a quota system and can take long to process. This is why it is a good idea to consult with an EB-4 lawyer as soon as possible before filing any of the required forms or fees.
Fortunately, there are other ways to get an EB-4 green card. For instance, there are certain types of EB-4 immigrants who can apply for a visa on their own or through their employer (self-petition). This will allow you to avoid the long wait times and other issues that come with having a lawyer on your side.