EB-5 Investor Visa Program of the United States of America and Its Advantages 1 November 2017

In the United States of America (“USA”), EB-5 Program is being operated in order to attract foreign investors since 1990 and the visa needed to be taken under this program is called EB-5 Employment Based Visa (“EB-5 Investor Immigrant Visa”).

Within the scope of the said program; when specified conditions are met, citizens of other countries who invested via EB-5 Investor Immigrant Visa get the chance to have a conditional Green Card; and after two years they have chance to acquire a permanent and non-conditional Green Card. If they hold this Green Card for 5 years and fulfill other requirements, they will be eligible to apply for USA citizenship.

Aforementioned program is distinguished among other visa programs targeting employees due to its quicker procedure because it does not require a Labor Certificate to be taken from the U.S. Department of Labor. Additionally, unlike other EB programs targeting employees, the investor is not required to actively work and participation to the management of the commercial enterprise which being is invested in is sufficient.

There are three criteria of EB-5 Program needed to be satisfied:

Capital investment of immigrant investor
This investment shall be made into a “new” commercial enterprise
This investment shall create new employment

While the minimum investment is generally 1 million American dollars in the USA, this amount is 500 thousand dollars in areas determined by the government as rural areas which have experienced unemployment at the rate of more than 150% of the national average unemployment rate. These areas are named as Targeted Employment Areas (TEA).

However, words like new commercial enterprise, capital investment, qualifying employee, participation to management have special meanings within the scope of the program. The abovementioned criteria should be satisfied in accordance with these meanings and be shown with documents.

People who invested in the USA through EB-5 Program firstly acquire immigrant status and they have obtain a conditional Green Card afterwards the investor should create an employment for 10 people who has “qualifying employee” status in 2 years in order to acquire a permanent and non-conditional Green Card. However, what should be understood from above-mentioned criteria, in which situations they will be regarded as fulfilled, preparation of the documents showing they have been fulfilled is a complicated process which requires expertise; it will be beneficial for potential investors who desire to acquire Green Card within the scope of EB-5 Program to follow the mentioned process via experienced professionals.

Türkçe Versiyonu İçin

http://www.kasaroglu.av.tr/tr/abd-eb-5-yatirimci-vizesi-green-card

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