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Main Requirements and Eligibility
未知 | 2014-01-03 14:00
Main Requirements to Apply for a Green Card Through Investment
• Invest in a New Commercial Enterprise
Eligible new commercial enterprises may include:
The Creation of a new business established after Nov. 29, 1990, or
The Purchase of an existing business created before Nov. 29, 1990 with:a) Simultaneous or subsequent restructuring or reorganization of the existing business resulting in a new commercial enterprise, orb) Expansion of the existing business through this investment to increase 40-percent in the net worth or in the number of employees.
• Capital Investment Requirement
Invest or be in the process of investing $1,000,000 in a U.S. business. The amount is reduced to at least $500,000 in a targeted employment area (high unemployment or rural area). Demonstrate that the investment funds were legally acquired. The capital invested must be at risk, and can be in the form of cash, inventory, other tangible property, cash equivalents, or indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. The investment capital cannot be borrowed, any loan, promissory note, mortgage, or other debt arrangement secured by the assets of the newly created enterprise does not constitute an investment. Likewise, any loan or debt arrangement between the entrepreneur and the newly created enterprise does not constitute an investment.
• Be Involved in the Management of the New Commercial Enterprise
The Investor must be actively involved in the management of the new commercial enterprise (either day-to-day or through policy).
• Job Creation Requirement or Job Preservation for Troubled Business
Create or preserve at least 10 direct or indirect full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a resident. The full time positions should not include yourself, your spouse, sons or daughters, or any temporary or nonimmigrant workers, or individuals who are not authorized to work in the United States.
There are advantages and special consideration for investment related to USCIS designated Regional Centers. Investments made through regional centers can take advantage of a more expansive concept of job creation including both “indirect” and “direct” jobs.
A foreign investor may only use the indirect job calculation if affiliated with a regional center. Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the preservation of indirect jobs. Investors may only be credited with preserving jobs in a troubled business.
What type of enterprises qualify? Do I need to create a business or I can invest in an existing business? Is there a percentage of ownership required for the investor?
As part of the requirements, the alien investor is required to invest in a new commercial enterprise, but the alien investor doesn’t have to be involved in the establishment of the new commercial enterprise for investment, the investor doesn’t need to create the business, and the investor is not required to own a specific percentage of shares in the business, the key requirement is that the investment should be done in a new enterprise, but there are not exact rules about the percentage of ownership in the business, or the exact business relationship required between the investor and the business. Also the investor doesn’t have to be an officer or employee of the business. However, the investor must be engaged in some way with the management of the business, whether through actual day-to-day managerial control or through policy, by being a member of the board of directors, by being a limited partner, or with another type of participation in the management of the business. A commercial enterprise doesn’t have to be specifically a “corporation” or a “company”, it actually means any for-profit activity formed for the ongoing conduct of lawful business.
One of the requirements to apply for a Green Card as Entrepreneur investor is that your investment must help establish a new commercial enterprise. For the USCIS, a new commercial enterprise doesn’t have to be a completely new business. Enterprises created after November 29th 1990 are considered to be a new enterprise. Also business created before November 29th, 1990 may apply for this visa category if the investment will create restructuring or reorganization of the current business resulting in a new commercial business, or if the investment will result in expansion of the business up to 40 percent in worth net or in the number of business employees.
Eligible new commercial enterprises may include:
The Creation of a new business established after Nov. 29, 1990, or
The Purchase of an existing business created before Nov. 29, 1990 with:
Simultaneous or subsequent restructuring or reorganization of the existing business resulting in a new commercial enterprise, or
Expansion of the existing business through this investment to increase 40-percent in the net worth or in the number of employees.
Commercial enterprise doesn’t mean specifically a “corporation” or a “company”, it can be any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:
A sole proprietorship (a business operated as an individual without creating a corporation)
Partnership (whether limited or general)
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)
Joint venture
Corporation
Business trust or other entity, which may be publicly or privately owned.
There are advantages and special consideration for investment related to the EB-5 Pilot Program with USCIS designated Regional Centers. Investments made through these regional centers can take advantage of a more expansive concept of job creation including both “indirect” and “direct” jobs.
• Invest in a New Commercial Enterprise
Eligible new commercial enterprises may include:
The Creation of a new business established after Nov. 29, 1990, or
The Purchase of an existing business created before Nov. 29, 1990 with:a) Simultaneous or subsequent restructuring or reorganization of the existing business resulting in a new commercial enterprise, orb) Expansion of the existing business through this investment to increase 40-percent in the net worth or in the number of employees.
• Capital Investment Requirement
Invest or be in the process of investing $1,000,000 in a U.S. business. The amount is reduced to at least $500,000 in a targeted employment area (high unemployment or rural area). Demonstrate that the investment funds were legally acquired. The capital invested must be at risk, and can be in the form of cash, inventory, other tangible property, cash equivalents, or indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. The investment capital cannot be borrowed, any loan, promissory note, mortgage, or other debt arrangement secured by the assets of the newly created enterprise does not constitute an investment. Likewise, any loan or debt arrangement between the entrepreneur and the newly created enterprise does not constitute an investment.
• Be Involved in the Management of the New Commercial Enterprise
The Investor must be actively involved in the management of the new commercial enterprise (either day-to-day or through policy).
• Job Creation Requirement or Job Preservation for Troubled Business
Create or preserve at least 10 direct or indirect full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a resident. The full time positions should not include yourself, your spouse, sons or daughters, or any temporary or nonimmigrant workers, or individuals who are not authorized to work in the United States.
There are advantages and special consideration for investment related to USCIS designated Regional Centers. Investments made through regional centers can take advantage of a more expansive concept of job creation including both “indirect” and “direct” jobs.
A foreign investor may only use the indirect job calculation if affiliated with a regional center. Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the preservation of indirect jobs. Investors may only be credited with preserving jobs in a troubled business.
What type of enterprises qualify? Do I need to create a business or I can invest in an existing business? Is there a percentage of ownership required for the investor?
As part of the requirements, the alien investor is required to invest in a new commercial enterprise, but the alien investor doesn’t have to be involved in the establishment of the new commercial enterprise for investment, the investor doesn’t need to create the business, and the investor is not required to own a specific percentage of shares in the business, the key requirement is that the investment should be done in a new enterprise, but there are not exact rules about the percentage of ownership in the business, or the exact business relationship required between the investor and the business. Also the investor doesn’t have to be an officer or employee of the business. However, the investor must be engaged in some way with the management of the business, whether through actual day-to-day managerial control or through policy, by being a member of the board of directors, by being a limited partner, or with another type of participation in the management of the business. A commercial enterprise doesn’t have to be specifically a “corporation” or a “company”, it actually means any for-profit activity formed for the ongoing conduct of lawful business.
One of the requirements to apply for a Green Card as Entrepreneur investor is that your investment must help establish a new commercial enterprise. For the USCIS, a new commercial enterprise doesn’t have to be a completely new business. Enterprises created after November 29th 1990 are considered to be a new enterprise. Also business created before November 29th, 1990 may apply for this visa category if the investment will create restructuring or reorganization of the current business resulting in a new commercial business, or if the investment will result in expansion of the business up to 40 percent in worth net or in the number of business employees.
Eligible new commercial enterprises may include:
The Creation of a new business established after Nov. 29, 1990, or
The Purchase of an existing business created before Nov. 29, 1990 with:
Simultaneous or subsequent restructuring or reorganization of the existing business resulting in a new commercial enterprise, or
Expansion of the existing business through this investment to increase 40-percent in the net worth or in the number of employees.
Commercial enterprise doesn’t mean specifically a “corporation” or a “company”, it can be any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:
A sole proprietorship (a business operated as an individual without creating a corporation)
Partnership (whether limited or general)
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)
Joint venture
Corporation
Business trust or other entity, which may be publicly or privately owned.
There are advantages and special consideration for investment related to the EB-5 Pilot Program with USCIS designated Regional Centers. Investments made through these regional centers can take advantage of a more expansive concept of job creation including both “indirect” and “direct” jobs.
