USA Investment Visa Programmes

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Megan Jemimah McCarthy
5 years ago
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1 USA Investment Visa Programmes

US investment programmes EB-5 investment visas The EB-5 Visa Programme allows a person and his or her immediate family to obtain a Green Card (live permanently in the USA) by investing in an

2 US investment programmes EB-5 investment visas The EB-5 Visa Programme allows a person and his or her immediate family to obtain a Green Card (live permanently in the USA) by investing in an enterprise that creates jobs for qualifying workers in the USA. For foreign investors seeking the freedom and flexibility to live and work in the United States, the EB-5 Visa Programme provides an excellent opportunity to obtain Green Cards. The EB-5 investment visa route to a Green Card avoids the usual requirement of having family connections, securing a job or running an actively traded business making it a viable route to retirement. 2

Advantages of the EB-5 investment programme No sponsor needed Foreign investors use their own personal funds and do not require sponsorship from either an employer or family member.

Green Card The EB-5 Visa provides investors with a Green Card thereby allowing foreign investors to live and work in the United States in any capacity.

3 Advantages of the EB-5 investment programme No sponsor needed Foreign investors use their own personal funds and do not require sponsorship from either an employer or family member. No quota backlogs There are many delays and backlogs for employment and family-based Green Card categories but there is no backlog for the EB-5 Visa Investor category. Green Card The EB-5 Visa provides investors with a Green Card thereby allowing foreign investors to live and work in the United States in any capacity. Permanent residency Permanent residency in the USA for you, your partner and any children under 21. Live anywhere in USA Live, work and retire anywhere in the USA. No language No language requirement. US citizen Become a US citizen after five years of being a Green Card holder. Direct route A direct route to a Green Card. No business management No day-to-day business management, unless preferred. 3

Treaty traders/treaty investors (E-1/E-2 Visas) The E-1 / E-2 are temporary, non-immigrant visas based on a reciprocal commercial treaty or other agreements between

Some of the countries have only the E-1 Visa or the E-2 Visa, some countries have both, while others have none.

A spouse and unmarried children under the age of 21 may accompany or follow to join the principal applicant.

4 Treaty traders/treaty investors (E-1/E-2 Visas) The E-1 / E-2 are temporary, non-immigrant visas based on a reciprocal commercial treaty or other agreements between the USA and the applicant s country of nationality (citizenship). Some of the countries have only the E-1 Visa or the E-2 Visa, some countries have both, while others have none. The applicant of a treaty country can enter the USA for an indefinite time, often in two-year increments. A spouse and unmarried children under the age of 21 may accompany or follow to join the principal applicant. An E-2 spouse is eligible for work authorisation, and E-2 dependants can attend school in the USA. E-2 Visa and EB-5 An E-2 Visa does not automatically transition into an EB-5, but can be done with viable projects meeting specific requirements. What is important is that there is no minimum time requirement for an investor to stay in E-2 status and that the E-2 capital investment may be counted towards the EB-5 requirement. 4

5 Comparison between E-2 and EB-5 Category E-2 EB-5 Visa Non-immigrant visa Immigrant visa Investment amount Proof for source of funds No required amount; however, needs to be substantial Money must come from a legitimate source and traced Minimum investment amount is $500,000 if the project is in TEA; otherwise it is $1 million (soon to increase) Money must come from a legitimate source and traced; requirement is more extensive than the source of funds requirement for E-2 Visas Nationality Nationality requirement No nationality requirement Job creation Some (no mandated amount nor a time constraint) 10 full-time jobs per investor Intent to depart Yes No Visa validity Indefinite Two-year conditional resident status, then permanent resident status Processing time Can be processed in about three months, or with premium processing, 15 business days Can be more than 14 months EB-5 and SEC When a USA-based project approaches an investor to invest in an EB-5 project, the project is engaged in the offer and sale of securities. Such activities are regulated by the Securities and Exchange Commission (SEC) and state securities authority. Our USA attorneys are well versed in EB-5 related securities issues and stay abreast of the latest changes regarding EB-5 private offerings. Our partners articles have been published in major trade publications. 5

Our USA attorney partners Established in 1997 and headquartered in Manhattan, our partners have an advanced Immigration practice, specialising in EB-5 Investments, Citizenship by Investment,

Our partners have extensive experience in EB-5 financing, direct investor work, formulating and strategising projects, as well as administering compliance.

6 Our USA attorney partners Established in 1997 and headquartered in Manhattan, our partners have an advanced Immigration practice, specialising in EB-5 Investments, Citizenship by Investment, Corporate, Business and SEC. Recognised as industry leaders, our partners are internationally licensed to practice law in the United States, the United Kingdom, Kazakhstan and China. Our partners have extensive experience in EB-5 financing, direct investor work, formulating and strategising projects, as well as administering compliance. They have marketed overseas for multiple projects nationwide, raising millions of dollars in investor capital. Their lawyers have been voted top 25 EB-5 attorneys, have written and spoken both in the USA and overseas, appeared on mainstream TV, radio and podcasts. 6

7 Contact our highly qualified team We take pride in our reputation for responsiveness and superior service. Our partners support staff includes EB-5 specialists, of-counsel attorneys in highly specialised areas, paralegals and law clerks. Call to discuss your requirements VisaKingsGlobal.com VisaKingsGlobal.ae VisaKingsGlobal.hk 7

UK Telephone +44 203 0111 456 VisaKingsGlobal.com VisaKingsGlobal.ae VisaKingsGlobal.

8 UK Telephone VisaKingsGlobal.com VisaKingsGlobal.ae VisaKingsGlobal.hk Mayfair Point, South Molton Street, Mayfair, London W1K 5RG Visa Business Strategies is a trading name of Visa Business Strategies Limited. Visa Kings Global is a brand name of Canfields Law Limited whose address is 129 Finchley Road, London NW3 6HY. Canfields Law Limited is authorised and regulated by the Solicitors Regulation Authority. Ref No Visa Business Strategies exclusively promote Visa Kings Global services under licence from Canfields Law Limited. Visa Business Strategies is not authorised or regulated by the Solicitors Regulation Authority and does not provide legal services or investment advice. Any legal advice on matters referred to on this website must be obtained from appropriately qualified legal advisers Visa Business Strategies Limited. All rights reserved v1

The Changing Face of the US Immigrant Investment Visa (EB-5)

The Changing Face of the US Immigrant Investment Visa (EB-5) by Mona Shah, Esq. GA JAH ANNUAL REPORT 2015 # Fact #1 It allows a person and his or her immediate family to obtain a Green Card by investing