Receiving an investment visa of the EB-5 class in the USA.
The immigration policy of the United States of America is one of the most stringent in the world. However, since 1992, a residence permit in the US can be purchased. Such a statement is rather arbitrary, but it most accurately characterizes the essence of American legislation. A special EB-5 visa is issued to individuals who invest in the economy of America a sufficient amount of capital and create jobs for its citizens. Getting a visa permit of this kind makes it possible to issue a GreenCard, which allows you to become a full-fledged US citizen.
EB-5 visa registration: features of obtaining and observing the necessary conditions.
The EB-5 visa project was approved by the US Congress in 1990, and a couple of years later it began to function fully. Under the Citizenship and Immigration Act (INA), approximately 10,000 EB-5 visas are issued each year. Get their people who meet all the necessary requirements and ensure the creation of new jobs. Out of the total number of visa permits, about 3 thousand pieces go to the Regional Centers, whose task is to assist investors from abroad.
The interest of regional centers is to improve the economic condition of the regions through financial injections of foreign capital. Projects on the receipt of investments are intended for investors who do not seek independent management of tangible assets.
Obtaining an investment visa enables an alien to not only reside in the United States, but also to hold official posts. In addition, the document applies to the spouse of the investor and his under-age children under 21 who are not married.
The EB-5 visa is not issued to all individuals who have decided to invest in business development in the United States. To receive it, the investor must meet one of the following conditions:
to realize a new business project or to acquire an existing company registered in the USA; invest in the economy of the country at least $ 1,300,000 or invest $ 700,000 in a new business project; expand the existing business by at least 40% of the initial level (with the obligatory increase in the number of jobs); to provide financial assistance to the existing business experiencing the crisis (having lost more than 20% of the authorized capital in the previous 1-2 years).
The first three conditions require the creation of at least ten jobs for American citizens. At the same time, wages should be at the level of the average salary in the region. The fourth case is private and is considered on an individual basis depending on the initial state of the enterprise, as well as the dynamics of stabilization of its economic situation.
Immigration Visa EB-5: the procedure for obtaining and providing evidence.
Obtaining an investment visa does not require confirmation of the level of education, language or working qualification, since investment is the determining factor for the United States government. When applying for an EB-5 visa, the special form I-526 is filled in, which is sent to the immigration department at the place of registration of the company along with other documents. The process of considering an application from Russian or other foreign investors and forming a decision on issuing a visa is approximately 9-12 months.
After the adoption of a positive ruling in the case, it is necessary to apply to the US Embassy in Russia and obtain the entry permit itself. In the event that a visa is issued in the territory of the United States, the documents should be replaced by the immigrant status of the investor.
Claim for an investment visa can only be provided for the consideration of the commission of evidence of the following kind:
the certificate of creation of the new company (copies of the constituent documentation and tax declarations of the federal register are made); evidence of investing the required amount of material; confirmation of the investor’s financial participation in the company during the first 2 years of his stay in the country with conditional status of the resident (bank statements, contracts, licenses and invoices for the specified period are provided); evidence of the availability of a sufficient number of jobs from the time the company was established to the present (provided: tax documents, payments and income statements).
The EB-5 visa, which is outstanding when investing in troubled enterprises, also requires the availability of supporting documentation. In addition, it is necessary to prove that the number of available jobs for 2 years of the company’s operation is maintained at an initial level or increased, but in no case decreased (tax documentation, special forms I-9 and business development plans are provided).
Other types of EB visas.
The special EB-1 visa also belongs to the category of investment. Its issuance is made when purchasing an operating company registered in the US at least 1 year ago.
The amount of investment deductions does not have clear values, since the main condition for obtaining a visa is the acquisition of 51% of the shares of the relevant enterprise.
In his staff should be at least 10 workers and introduced a two-tier management system. The net profit of such a company should be around $ 75,000 a year or more.
The EB-2 visa is classified as immigration and allows you to claim GreenCard over time. For its registration it is necessary to provide a certified labor certificate and have in hand a written invitation to work issued by an American employer. The sponsoring company personally provides a special form I-140 and other accompanying documentation to the immigration office. Depending on the nature of work and professional skills of a person, the corresponding visa in the United States is divided into groups. In this case, each of them gives the right to obtain a residence permit on an equal basis with the rest.
The EB-3 visa is also part of the official immigration program conducted by the United States government. Its task is to combat the deficit of professional workers in various industries. The selection of qualified personnel contributes to the development of the economy of the region and the country as a whole.
To obtain an EB-3 visa, you must confirm the availability of professional skills and meet all the necessary criteria that are set by the US Immigration Service.
All EB visas are very popular among those who wish to obtain a residence permit in the United States. If there is enough material, the EB-5 visa permission is not so difficult. To do this, it is sufficient to invest a certain amount in the economy of the country.
Buying a company or setting up a new company automatically leads to issuing an EB-5 visa, which gives you the right to claim GreenCard in the future. Other types of visas in the United States are issued only with certain professional qualities and with their confirmation.