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We must know that not all United States
visas are applicable to an individual. There are certain
requirements or qualifications of a particular visa which
one may not meet. Just like the EB-5 Visa which is solely
designed for immigrant investors. This visa attracts foreign
investors in the United States and thereby creating jobs for
American workers. It is a programme that serves as a direct
route to a United States Permanent Resident Card (green
card), provides permanent residency to for the investor and
his immediate family (children should be under 21 years of
age) and grants the freedom to live and work in the United
States or even retire.
Under section 203(b)(5) of the Immigration and Nationality
Act (INA), there are 10,000 EB-5 visas available annually
for qualified individuals who seek permanent resident status
in the United States provided that they engage in a new
commercial business. Out of these 10,000 visas, 3,000 of
which are set aside for the designated regional centers
which exist in Philadelphia, Seattle, California’s Imperial
Valley, eastern Washington state, parts of South Dakota and
Iowa, and the entire states of Vermont and Hawaii.
Eligible investors can opt to come alone or with the spouse
and unmarried children. These eligible aliens are those who
have created an original business, purchased an existing
business thereby creating a new commercial enterprise,
invested at least $1,000,000 or $500,000 in a targeted
employment area, created at least 10 direct jobs for the
United States workers, expanded a business by at least 140
percent of the pre-investment number of jobs or helping out
a business which has lost 20 percent of its net worth in the
past 12 to 24 months.
To apply as an immigrant investor, one must file a USCIS
(U.S. Citizenship and Immigration Services) Form I-526,
Immigrant Petition by Alien Entrepreneur. This form needs to
be filed together with supporting documents which clearly
states that the applicant’s investment meets the
requirements. Once the Form I-526 is approved, the immigrant
investor may obtain conditional conditional resident status
by filing the USCIS Form I-485 which is an Application to
Register Permanent Residence or Adjust Status, if residing
within the United States or applying for an immigrant visa
at a U.S. consulate abroad for individuals residing outside
the United States. To become a permanent resident, a USCIS
Form I-829 which is a Petition by Entrepreneur to Remove
Conditions must be filed within 90 days before the second
anniversary of an alien investor to the United States as a
conditional resident.
The USCIS Form I-526 should be filed at the designated USCIS
Service Center where the new commercial enterprise will be
principally doing business.
Al Khalel is a content writer for a company that can help in Chang plaintiff and provides Citizenship and Immigration Service.
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