Investment Requirements for the EB-5 Visa
If you are trying to obtain an EB-5 visa, you would have to invest a sum of money. There may be other requirements too that you need to lean about
Do you wish to enter the US, and live and work there? In order for you to get into the United States, you would need to go through the immigration process. There are different ways of obtaining a United States green card. The EB-5 visa is one of the ways of obtaining a green card. This is an investment visa and the applicant needs to invest capitals in an area of the US economy in order to obtain this category of visa. If you are looking to invest in the US economy and obtain the visa, you would need to learn about the necessary requirements.
What is the minimum investment that you need to make?
Generally you would need to invest at least $1,000,000 in order to qualify for the EB-5 visa. However, this amount will be reduced to $500,000, if you are planning to invest in the targeted employment areas. The unemployment rate in such qualifying areas must be 150% of the entire national average. Rural areas refer to the municipal areas that have a population of less than 20,000 people. Most of the states in the US keep a list of the target employment areas in case of references. You can find these lists online if you are looking to learn about these areas.
What are the legitimate sources of capitals?
The capital, that you are planning to invest, must be earned from legitimate sources. Assets that were earned indirectly or directly by illegitimate sources and unlawful means like criminal activities will not be accepted. You must know that the United States Citizenship and Immigration Services or USCIS is extremely strict about thoroughly reviewing whether the fund was legitimate.
What are the acceptable types of property that you can use as investment?
Cash, inventory, equipments and other tangible properties, cash equivalents are acceptable as investments when it comes to the EB-5 category of visa. The investor can also invest the indebtedness that has been secured by assets that he/she owns. Loans to companies or any other form of debt between the investor and the company will not be considered as an investment because this type of financial transfer does not have any risks. However, exceptions may be there in some specific cases. All the invested capitals will be valued at fair market in United States dollars. it is not necessary for the investor to invest the entire amount at once. However, the total sum must be invested within the two year residency period.
But how do you prove that the source of money was legitimate? There are some evidences that you can provide for proving that the source of money was indeed legitimate. Some of these evidences are:
• Your income tax returns for 5 years
• Salary reports
• Salary verification letters provided by your employers
• Your bank account statements
• If you are a business owner and have generated income from your business, you would need to provide the business income tax returns as well
These are some of the requirements that you would need to fulfill. You may get to learn about other requirements too as you do more research on the matter.
Copyright Julie C. Ferguson, Attorney at Law
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.