Sunday, October 7, 2012

How to Obtain a Green Card as an Investor

There are five (5) trails that immigrants can take to get permanent residence in the United States. Residents have "green cards" that allow them to live, work and / or study in the U.S. permanently, and can get the many benefits that American citizens have entrance to. Permanent residents or green card holders can finally become U.S. citizens if they meet the necessary criteria. One of the ways you can get a green card is through IB5 visa category, which is reserved for investors in the U.S.

There are about 140,000 immigrant visas each economic year to foreign nationals (and their spouses and children) who want to immigrate to the U.S. based on their skills. If anyone has the right combination of skills, education and / or professional experience and are otherwise qualified, then they can apply for one of these jobs visas. The (EB) category has five (5) subcategories called "preferences." These preferences are.

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EB-1 priority workers (plus people of unexpected ability, outstanding professors and researchers, and multinational executives and managers);
EB-2 individuals who hold advanced degrees or persons of outstanding ability;
EB-3 skilled workers, professionals and other workers;
EB-4 special immigrants;
EB-5 job creation: Reserved for investors.

IB5 visa favorite category, created by Congress in 1990, is available to immigrants seeking to enter the United States to invest in a new commercial enterprise that will benefit the U.S. economy and create at least 10 full-time. There are three ways a potential foreign investor to do this: creating a new commercial enterprise, invest in a troubled business or invest in a regional pilot program.
The eligibility criteria to qualify for the "green card" as an investor (IB5 Visa):

Investor in creating a new commercial project

To be eligible you must

Be an investor or are in the process of investing at least $ 1,000,000. If the investment is in a targeted employment area for the minimum investment requirement is $ 500,000. Target employment is defined by law as "a rural area or an area that has a high unemployment rate of not less than 150% of average."
Benefit the U.S. economy by providing goods or services to U.S. markets.
Create at least 10 full-time U.S. workers. These jobs should be for U.S. citizens, green card holders and other persons lawfully authorized to work in the U.S.. These jobs may not include the applicant, or their husbands, sons or daughters.
Be an investor who will be involved in day-to-day management of the new business or directly manage it through policy development business, as, for example, corporate officer or board member.

Investor in Troubled Business

To qualify you must:
Be an investor in a business that has existed for at least two years.
Be an investor in the business who has a net loss of 12 to 24 months before you file a Form I-526 immigrant Request by Alien Entrepreneur.
Losing 12 to 24 months should be at least equal to 20 percent of the net value of the business before the loss.
Keeping the number of jobs at levels similar to the number before your investment for at least two years.
Be an investor who will be involved in day-to-day management of the troubled business or directly manage it through policy development business, as, for example, corporate officer or board member.
The same cash requirements for investments to create new commercial enterprise investment apply to a troubled business investment ($ 1,000,000 or $ 500,000 in targeted employment).

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Investor Regional Center Pilot Program

To be eligible you must

Be an investor of at least $ 1,000,000 or $ 500,000 in a regional center, connected a new commercial enterprise or a troubled business located in USCIS designated Regional Center. Regional Center is defined as any entity, public or private, that are connected with the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment.
Create at least 10 full-time U.S. workers through capital investment. These jobs should be for U.S. citizens, green card or other persons legally authorized to work in the U.S.. These jobs may not include the applicant, or their husbands, sons or daughters.

Application procedure for obtaining a green card as an investor (IB5 Visa)

Obtaining a green card through IB5 visa category is a three-step process of self-petitions. First foreign investor must obtain the approval of his or her Form I-526 Petition for Alien Entrepreneur. Second, he or she must also submit Form I-485 to adjust status to lawful permanent resident, or apply for an immigrant visa at the U.S. consulate or embassy outside the United States. On IB5 visa applicant (and he or her unoriginal family members) are granted conditional permanent resident green card for a period of two years after approval of I-485 application or upon entry into the U.S. with a visa IB5. Third, Form I-829, Petition by Entrepreneur to remove conditions must be submitted 90 days before the visa applicant IB5 conditional green card expires. If the petition is approved by CIS IB5 visa applicant will be issued a new Green Card without preconditions, and may permanently live, work and / or study in the U.S.A

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