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Many different people benefit from the EB5 investor visa program. It is ideal for anyone who wishes to live in the United States without restrictions, whether you are an entrepreneur who wants to be hands-on with a new business, a retiree who wishes to make a low-maintenance investment, a professional, a student, or a parent who wants an American education for your children. An EB5 green card is also an deal option if you currently live in the US and want to continue doing so, but, unlike the EB5 investor visa, your current visa does not permit permanent residence.
Successful EB5 participants do not need to speak fluent English, or have any previous investment or business experience. You can hire experts to help you navigate each field you will encounter in the EB5 green card program. Your immigration lawyer will help determine if the EB5 investor visa program is right for you, and can assist you in putting together a strong EB5 application.
Family, Spouse, Children and the EB-5 Investor Visa Program
In the EB5 investor visa program, family members also receiving immigrant visas through EB5 investment are called derivatives. If you have unmarried children under 21 years of age, they can acquire conditional EB5 green cards simultaneously, if your application is accepted. Your spouse will also receive an EB5 green card.
Although your eligible derivatives will receive an EB5 investor visa with a single investment, they will count towards the limit of 10,000 visas allotted to EB5 applicants each year. In order to successfully complete the program and gain permanent residency, there must be a visa number available for your and each of your derivatives when you submit your application. However, the EB5 investor visa program has never before exhausted its allotment of investor green cards, so setbacks are more likely to be due to your EB5 investment or application. Talk to your immigration lawyer to ensure that you apply for yourself and each of your family members correctly.
Even if you and your spouse get divorced during the two-year period during which you are required to maintain your EB5 investment, both of you may still apply to have the conditions removed from your green cards, as long as one of you have completed the terms of the EB5 investor visa program. Similarly, even if your children turn 21 or get married during this time period, they are still eligible to become lawful permanent residents (LPR), as long as you met the terms of the EB5 investor visa program.
If the investor dies before the two-year period, yet your family successfully carried out all EB5 program terms, they are still eligible for EB5 green cards. Your immigration lawyer can assist you and your family members with the complicated process of applying to have the conditions removed from your EB5 investor visas and gaining LPR status.
One advantage of the EB5 investor visa program is that you can have multiple investors, barring corporations. Some may want to obtain EB5 green cards, and others may not. Incorporating multiple investors is convenient if you want to start a business in the US with more capital than you can generate on your own. Friends and business partners can pitch in if they recognize a profitable enterprise, regardless of whether they are interested in acquiring EB5 green cards.
Keep in mind that each individuals who wishes to obtain an EB5 green card must invest $500,000 to one million dollars, and must create at least 10 jobs. You are permitted to have a pool of investors, all of whom wish to participate in the EB5 investor visa program, as long as each investor meets EB5 program requirements individually. For example, if you and two partners start a new business in a TEA, each of you invests $500,000, the establishment creates at least 30 jobs, and you maintain the investment for at least two years, all three of you may be eligible for EB5 green cards. You may also pool your investment with those who do not wish to obtain EB-5 investor visas. These individuals can invest whatever amount they want, disregarding the minimum EB5 investment amount, as well as the employment quota.
While you can’t count capital invested by others as part of your own EB5 overview investment, working with multiple investors can help you establish a successful EB5 project that, if properly managed, will help you qualify for a conditional EB5 green card, potentially making it easier to get conditions removed after your two year EB5 investment period.
Keep in mind that USCIS requires each individual involved in the pooled investment, even those not interested in obtaining EB5 green cards, to present evidence regarding the source of funds. Ensure that all capital, including that belonging to your partners, was acquired legally before applying to participate in the EB5 investor visa program.