EB-5 Visa: Rules and Regulations

by lawfirm on January 14, 2013

Those willing to visit and stay in the United States, have to obtain a visa. There are several visa categories that you need to consider while deciding the appropriate one for you. However, depending on any of this visa it is difficult to stay permanently in the US. If you are looking for a visa to stay permanently in the United States apply for EB-5 visa.

This visa is a much simple way to obtain green card. Green card enables a foreign individual to work and live permanently in the country. This EB5 visa category offers permanent residency in return of investment in specific area of economy. People often come up with different types of questions relating to this visa category. Some of the common questions that investors often ask are

Who are eligible for this visa?

You have to invest $500,000 in certain areas of the United States where unemployment rate is 150% of the national average. The invested money should be able to create 10 full time jobs for US residents. Each year around 10,000 EB-5 visas are allocated. Among these 3,000 are for those investors who are ready to invest where unemployment rate is higher or other rural areas.  If the investment is not for any targeted location, you have to invest $1,000,000. You can find list of these areas online.

What are the acceptable sources of capital?

In order to be eligible for this visa, you have to mention legitimate sources of capital. You cannot obtain the visa mentioning assets earned from illegal sources. United States Citizenship and Immigration Services (USCIS) strictly review that the funds invested is derived from legitimate sources.  Acceptable funds for this type of visa are:

  • Inventory
  • Equipment
  • Business proceedings
  • Salary
  • Gift
  • Loan

The invested capital will be valued at US market price. It is not necessary to invest the entire fund at a time. EB5 Visa Investor Program allows the individual to invest the required sum within two years.

How to prove invested money is legitimate?

Some of the documents that can establish that the fund is derived through fair means and is legal are

  • Reports of salary
  • Income tax return for 5 years
  • Salary verification letter provided by employers
  • Bank statement

If you own a business and willing to invest the money earned from business, you have to submit income tax return of business

If the money is a gift you need to reveal from whom you have received the gift and all the taxes are cleared

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