Us Citizenship By Investment
EB-5 and E2 are not a citizenship by investment program, However after getting a Green Card via the EB-5 visa route, investors can apply for USA citizenship after five years of Permanent Residency. This process is known as Naturalization.
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EB5 BRICS is here to help guide you to citizenship through investment. As a consultant, we have helped many families successfully navigate the EB5 immigration landscape. Contact Us to make an appointment for a one-on-one meeting with Vivek Tandon Esq. a US Lawyer and Investment Banker.
Own Real Estate For Us Green Card And Eb5 Visa
Apply to Be a Visa Franchise EB-5 Client
Hey, you have Patrick Findaro here, managing partner at Visa Franchise. I just wanted to give a little update of what were working on at Visa Franchisein light of the recent EB-5 update. For those that dont know, essentially, the Regional Center program, as well as the Direct Pooled program, for those that are seeking to get the EB5 green card is currently not available. So you cant pool an investment together nor can you do a regional center investment because every regional center right now has to get reauthorized.
How long will this process take? Three months, six months, nine months, Im not sure. Would love to hear from immigration attorneys. Feel free to leave a comment with your thoughts in terms of how long its gonna take regional centers to get reauthorized so they can have investors invest $800,000 or $1.05 million to get their EB5 green card.
Contents
In todays video, were gonna go briefly through some of the updates. We hope to have an immigration attorney on to go more on the legal aspects of the EB-5 visa for de green card and the changes. But I just wanted to quickly go through some of the updates for the EB-5 visa and the opportunity that exists. The investment amounts gone up from $500,000 to $800,000, and weve identified numerous franchise opportunities that you could invest $200,000, $300,000, and more where youre gonna have 10 jobs through that investment.
Purchasing A Failing Business
If you have the experience and knowledge necessary to revitalize a distressed business, investing in an enterprise that is currently struggling or is undervalued can help you gain control over a company without having to start from scratch.
No matter what project you decide to invest in, it is paramount for foreign investors to carry out comprehensive due diligence and reduce the risk of fraud. If in doubt, a specialized lawyer can guide you in the complex process of securing an EB5 Green Card.
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Antigua & Barbuda Citizenship By Investment
Investors may obtain citizenship by investment in the independent Commonwealth state of Antigua & Barbuda, located in the Eastern Caribbean. To qualify, applicants must be over 18-years-old, meet the programs application requirements, and select one of the following three investment options:
- Invest a minimum of US$100,000 into the countrys National Development Fund OR
- Invest at least US$400,000 into an approved real estate project OR
- Invest at least US$1.5 million into an eligible business as a sole investor. If making a joint investment, the investment must total at least $5 million, with each investor investing at least $400,000.
The applicants spouse, minor children, and dependent parents or grandparents may also be included. Dependent children between 18 and 26 who are attending college, and physically/mentally challenged dependent children over 18 are also eligible.
A passport from Antigua & Barbuda is valid for five years and the recipient has visa-free travel to 150 countries. After receiving citizenship, the investor must spend at least five days in the country in order to be eligible for passport renewal.
Investing In Targeted Employment Areas
Targeted Employment Areas are geographical locations in the US with an unemployment rate that is at least 150% higher than the national average.
Investing in these areas is commonly done through regional centers and requires a reduced minimum investment of $800,000 instead of $1,050,000. Investing in rural areas and TEAs can be a great option to shorten approval times by taking advantage of expedited visa processing.
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Can I Continue To Travel In And Out Of The Us While My I
Sam: Generally yes, although it depends on the type of visa the immigrant has. Typically if an investor has a B visa or if they come from a country where they’re able to use ESTA, there are no problems with traveling. Sometimes we get stories of clients who are stopped at the airport and questioned, but we haven’t encountered any major problems.
Traveling outside the US may become more difficult once a client’s I-526 petition gets approved, so it is important to explain to them what their visa allows for, what duel intent means and what to do if they are stopped at the border.
It can be difficult for a client to apply for a non-immigrant visa after their I-526 petition, because theyve already put on record that they had immigrant intent through the I-526, so establishing non-immigrant intent can be very tricky.
Issue #1 With Getting A Green Card Through Investment In Real Estate Using Eb
New Commercial Enterprise
- To get an EB-5 green card, you are required to invest in a new commercial enterprise.
- A new commercial enterprise is a for profit business formed after November 29,1990 that is engaged in lawful activities.
The Federal Regulations define commercial enterprise as follows:
- Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to, a sole proprietorship, partnership , holding company, joint venture, corporation, business trust, or other entity which may be publicly or privately owned. This definition includes a commercial enterprise consisting of a holding company and its wholly-owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business. This definition shall not include a noncommercial activity such as owning and operating a personal residence.
- The federal regulations regarding EB-5 clearly state that certain real estate investments are noncommercialactivity and therefore would not meet the new commercial enterprise requirement.
- We will discuss a potential solution to overcome this issue below.
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Direct Vs Regional Center Investments
There are many reasons why the US consistently ranks as one of the best countries to start a business, including the fact that the economy provides plenty of opportunities to multiply your invested capital. However, not all investments come with the same potential or risk level.
When allocating your EB-5 capital, choosing wisely between investing in a regional center or making a direct investment can impact your chances of successfully becoming a permanent resident of the US and receiving capital gains.
Heres an overview of the two options:
- Direct investments will require you to invest in a new or existing commercial enterprise, in which you will retain most of the managerial control. Direct investments are best for entrepreneurs looking to maintain a hands-on approach and access unlimited ROI potential, but they can be riskier.
- Regional Center Investments regional centers are entities designated by the USCIS to gather and allocate investors funds towards projects that will benefit the US economy. Choosing to invest in a regional center project can reduce your investor and immigration risk, but can curb your future capital gains.
Regardless of the project category chosen, you should keep in mind that the EB5 program requires the capital to be at-risk, and investors can lose their right to a Green Card if they are unable to create and maintain at least 10 full-time jobs for qualified employees.
St Kitts & Nevis Citizenship By Investment Program
Located in the West Indies, St. Kitts & Nevis allows investors who make a substantial contribution to the Federation to apply for citizenship and a passport. The investor must be at least 18-years-old, must meet the minimum investment requirements, and must also meet other application criteria. There are two options: investing in real estate or contributing to the Sustainable Growth Fund.
Applicants can invest $400,000 in government approved real estate that is resalable after 5 years. Or they can invest $200,000 in government approved real estate that is resalable after 7 years. All while paying government fees. Or they can donate $150,000 to the governments Sustainable Growth Fund and pay lesser government fees. Applicants must have a high net worth, outstanding character and health and no criminal record.
Previous business experience is not required, and there is also no St. Kitts & Nevis residence requirement before, during, or after the application. All dependents may be included in the application. The benefits of the St. Kitts & Nevis investment program include full citizenship for life, and visa-free travel to more than 151 countries.
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Us Permanent Residency Acquisition Process
EB-5 is a multi-step process administered by the United States Citizenship and Immigration Service . Astons’ focus is to provide a hassle-free and seamless service, assisting you every step of the way from initial consultation to successful US Residency/Citizenship acquisition. We will guide you through the EB-5 visa process with due diligence and care, ensuring that your application is submitted correctly and followed through to application approval.
Astons immigration advisors will evaluate each investors personal circumstances and guide them through each of the EB-5 program stages, helping to select the right Regional Center, and a suitable business to invest in.
Once the EB-5 investor has selected the right project, investment funds must be transferred into an escrow account.
To establish an investors eligibility for classification as an EB-5 Immigrant Investor, our expert immigration lawyers will file the initial application, called the I-526 petition, with the USCIS. The I-526 petition must provide proof of investment and verify that the enterprise will create the necessary number of jobs.
If the I-526 petition is approved, Astons proceed with the documentation for a two-year Conditional Green Card. If the I-526 petition is denied, then investment funds are returned in accordance with the terms of the Regional Center partnership agreement.
Germanys Investor Visa Program
While Germany does not have a specific visa program for investors, German residence law allows foreign investors to apply for a three-year national resident permit. Investors are required to either establish their own company or invest a significant amount in a German company. The company formation procedure takes about three to four weeks. The visa application process takes about three months. There is no minimum investment requirement, but there is a minimum requirement on the register capital of a company, which is set at 25,000 euros.
Visa holders can obtain a three-year resident permit that can be extended to a permanent resident permit once applicants prove their business is successful. The spouses and underage children can also apply for family reunion resident permits, which grant them some advantages that other visa types dont have.Successful residency applicants can obtain citizenship and a well-regarded EU passport after habitually and legally being a resident in Germany for at least eight years.
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Processing Fees For Green Card Through Investing In Real Estate
There are different processing fees for a green card depending on the type of investment you made and where you invested it.
Here is a list of some cost that you need to prepare:
If you want to obtain a green card through real estate, I am here to help you with that. I will answer any questions that you are curious about. We will help you on your first step in becoming a U.S. Citizen.
Donât hesitate to give us a call!
Choose A Qualifying Eb
The EB-5 immigrant investor applicant must first discover a suitable business project. EB-5 commercial enterprises and EB-5 regional center program projects are the most typical businesses financed through the program. Overseas migration agents frequently assist EB-5 investors in selecting the project that best meets their requirements. To proceed with the EB-5 procedure, applicants must also satisfy accredited investor income standards.
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Which Is Preferable Use Of Escrow Or Eb
Dawn: Although regulations do not require use of escrow, up until a couple of years ago, the majority of projects used escrow. Complicated EB-5 visa requirements along with the lengthy and increasing waiting periods for processing has made the practice of releasing directly into the project or having some sort of hold back into the project much more common. But I prefer for the money to sit in escrow until my client’s I-526 is approved.
But in practicality, many of the developers are pushing for an immediate release, so if that’s the case I find what mechanisms are in place to return the funds in case of a denial: “Does there need to be another investor as a replacement for my investor to get their money back?” “What’s the difference between best efforts and reasonable efforts?”
There are some regional centers that will put themselves on the line and they’ll advance the funds if there’s an issue.
Escrow is helpful to protect investors against potential denials and to be used by Regional Centers and project developers that are not as well known. I prefer to see escrow in deals where there is a greater potential for fraud such as disclosed conflicts of interest between the NCE and JCE.
Rupy: As Dawn mentioned, repayment of investor’s funds in the event of denial is a common investor concern and investors want to know the terms of refund for both the investment and the administrative fees.
Get Your Us Green Card Through The Eb
Are you a foreign investor interested in receiving your U.S. Green Card through real estate investment? The EB-5 Visa Program may be perfect for you. Simply contact us to find out if you qualify and learn more about the process.
There are a ton of great benefits to the EB-5 visa program, and Houston EB5 makes the process of getting your EB-5 Visa simple. Read on below to learn more.
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What Are The Requirements For An Eb5 Project For Hotel Construction
The basic requirements for an EB5 project for hotel construction are categorized into project, financial, and personal documents.
Project documents
- Evidence that the investment will be made in a qualified EB-5 project.
- Evidence that the project is in a TEA, if applicable.
- Proof that the investment will create a new US business.
- Proof that the EB5 investor has invested in a regional center aligned with the approved regional center business plan. The letter from USCIS designating the regional center should be attached to your I-526.
- Evidence that the EB-5 hotel project will generate at least 10 full-time jobs for Americans.
Financial documents
Investment Amount Designated Regional Centers
The investor is required to invest a reduced amount of $500,000 as the EB-5 Visa investments are within a Targeted Employment area . This $500,000 amount is the minimum allowed by U.S law to qualify for the EB-5 Visa/Green Card in a high unemployment area which is defined as 150 of the national average unemployment statistic.
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Purchasing A Commercial Space To Start Your Business
Another way you can do this is being active in managing your investment. This is when you have bought your own property and managed it without the help from the Regional Centers. Keep in mind that before you get the green card, you should operate the business yourself. Also, there is a requirement that you should provide 10 full time jobs for the United State locals.
Through this method, you can already fulfill two requirements at once. First, the investment ownership requirement and second, the provision of the commercial jobs which is to meet the new enterprise requirements of the EB-5 program.
Applying for the EB-5 program is not easy and it involves a lot of money investing for a building and starting a new business. There are some foreign nationals who choose to buy distressed properties as they have low cost. Then, they would renovate it to accommodate the needs in starting a new commercial enterprise. Through this way, they can save some money for other expenses as well.
As long as you invest with the minimum requirement for the EB-5 program, the later way of investment is also acceptable. In addition, when you do it, always try to stick to the requirements of the USCIS regarding the usage of the property. But before anything else, it is always better to consult an expert.
If I Get Denied Is My Money Returned Right Away Or Is It Locked In The Investment
Rupy: Know that most investments have provisions to return the investor capital to an investor who is denied. However the terms and structure of those provisions vary by regional center investment. Some of those differences may include the conditions required to fully refund an investors money, if there is a separate fund for such an event, and what entity makes the repayment because of the fact that the investor capital will already be invested by the time of a petition denial.
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