All you need to know:Immigrant Investor Visa
Us Info | 2012-10-12 13:46

General Information
The immigrant investor visa is for foreign nationals who invest in a new commercial enterprise in the United States. It is an immigrant visa, which means the foreign national and his or her spouse and unmarried children will receive permanent residence in the U.S.
The Immigration and Nationality Act makes 10,000 immigrant investor visas available each year. Half of these 10,000 visas are earmarked for a regional center pilot program. The traditional program requires a $1 million investment while the pilot program requires a $500,000 investment. In addition to the investment, both programs must provide 10 full-time jobs to U.S. Workers.
USCIS establishes eligible individuals to include those: 
Who establish a new commercial enterprise by:
creating an original business;
purchasing an existing business and simultaneously or
subsequently restructuring or reorganizing the business such that
a new commercial enterprise results; or
expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and
Who have invested -- or who are actively in the process of investing -- in a new commercial enterprise:
at least $1,000,000, or
at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or
a rural area as designated by OMB; and
Whose engagement in a new commercial enterprise will benefit the United States economy and:
create full-time employment for not fewer than 10 qualified individuals; or
maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.
The immigrant investor visa does not have specific education, language or previous business experience requirements.
The first step is to self-petition for the EB-5 immigrant visa. To do this, you must file Form I-526, Immigrant Petition by Alien Entrepreneur. You will need to include supporting documentation to show that you meet all requirements including:
establishing a new commercial enterprise
investing the requisite capital amount
proving the investment comes from a lawful source of funds
creating the requisite number of jobs
demonstrating that the investor is actively participating in the business; and, where applicable
creating employment within a targeted employment area.
If USCIS feels that you have established that you qualify for investor status, your petition will be approved.
Permanent Residence
Now that the petition is approved, you need permission to live and work permanently in the U.S. This is achieved through permanent residence.
If you are already in the U.S. when the petition is approved and you are eligible to apply for permanent residence, you would file Form I-485, Application to Register Permanent Residence or Adjust Status.
If the petition was filed from outside the U.S., the approved petition will be sent to an American embassy or consulate. The embassy or consulate will send you information on the next step of the process, which is to obtain an immigrant visa number. Immigrant visas become available according to a preference system. When your visa number is issued, you will be granted conditional permanent residence in the U.S.
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