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  Home >> Visa Information >> EB-5 Investor Immigration


EB-5 Investor Immigration

Who Can Apply?
An Indian Investor who can establish that a "qualified investment" is being made in a new commercial enterprise located within an approved Regional center, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation/or increased domestic capital investment resulting from the pilot program, may apply under this category.

The petition must be filed using USCIS Form I-526 at the, USCIS Service Center having jurisdiction over the area in which the new commercial enterprise will be principally doing business.

Eligibility
Permanent residentstc1tus based on EB-5eligibility Hi available to investors, either alone or coming with their spouse and, unmarried children.

Eligible investors are those who have invested or are actively in the process of investing the required amount of capital into a new commercial enterprise that they have established, They must further demonstrate that this ,investment will benefit the, United states economy and create the requisite number of full-time jobs for qualified persons within the United States.

In general, "eligible individuals" include those
1. Who establish a new commercial enterprise by

(i) Creating an original business

(ii) Purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results or

(iii) Expanding, an existing business by 140 percent of the pre investment number of, jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months and

2. Who have invested or who are actively in the process of investing in a new commercial enterprise:

(i) At least $1,000,000, or

(ii) At least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per rent of the national average rate or a rural area as designated by OMB; and

3. Whose engagement in a new commercial enterprise will benefit the United States economy and

(i) Create full-time employment for not fewer than 10 qualified individuals or

(ii) Maintain the number of existing employees at no less than the pre investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

In order to seek status as an immigrant investor, the investor must file USCIS Form I-526; The Form I-526 must be filed with supporting documentation which clearly establishes that the individual's investment meets all requirements, such as:

(i) Establishing a new commercial enterprise.

(ii)Investing the requisite capital amount.

(iii) Proving the investment tomes from a lawful source of funds.

(iv) Creating the requisite number of jobs

(v) Demonstrating that the investor is actively participating in the business; and, Where applicable.

(vi) Creating employment within a targeted employment area.

Once the Form I-526 is approved, immigrant investors may obtain status as a conditional resident by:

(i) Filing Form I-485, (Application to Register Permanent Residence or Adjust Status) if residing within the United States or

(ii) Applying for an immigrant visa at a US Consulate in India, if residing in India.

In order to become a lawful permanent resident, eligible investors must file a USCIS Form I-829 (Petition by Entrepreneur to Remove Conditions). Form I-829 must be filed within 90 days before the second anniversary of an Investor's admission to the United States as a conditional resident.

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