The United States hosts a rich and diverse culture, which has been embraced by millions of people from around the world. Standing true to its appellation of ‘The land of opportunity’, the Unites States fosters immigration through EB-5 Immigrant Investor Visa. Introduced in 1990, this proposition in turn helps the US to stimulate its economy through job creation and capital investment by foreign investors.
What is EB-5
For many Indian Nationals the EB-5 visa program is the fastest route to a “green card”. In return for an investment of either USD 500,000.00 or USD 1,000,000* an Indian investor, their spouse and children under the age of twenty-one can receive permanent residency in the United States.
Recognized as the leading US law firm involved in the Indian EB5 market, D&A are well versed in the special considerations facing Indian EB5 applicants. Obtaining the right impartial advice is critical. A U.S. lawyer experienced with assisting Indian EB-5 visa applicants can seamlessly guide investors through these issues.
For Investors, a number of enabling factors make EB-5 a highly promising option:
• The applicants require no language skills.
• There is no minimum education criteria
• The applicant may not have any business or management experience.
• The source of the investment capital can be anything including gifts, inheritance or anything else as long as they are within the law.
• The applicant does not necessarily have to live in the area of investment.
• The applicant is eligible to pay domestic tuition fee (which is significantly lower) as compared to the international fee for himself and his family, when studying anywhere in the US.
• The applicant is eligible to include their spouse and dependent children who are under 21 years of age in the application.
Direct EB-5 Means: Investing in your own Business
A direct EB-5 application allows an Indian investor to make an investment in his or her own business. With approximately 90% of all EB-5 investments being made through the Regional Centre program very few law firms have any experience with Indian Direct EB-5 applications. Davies & Associates assists investors from across India start and invest in private businesses in the United States. Our firm has assisted Indian clients from every region of India open, expand and acquire EB5-qualifying businesses in multiple and varied industries across the United States.
Under the EB-5 program administered by the United States Citizenship and Immigration Services (USCIS)
Minimum requirements for the applicant are as follows:
• He/she should be at least 21 years old.
• The applicant must be able to prove legal sources of income and assets.
Currently there are two investment options under USA EB-5 Immigrant Investor Program:
1. Creation of a new Enterprise
Minimum requirements for the investor program are:
• The applicant must invest in a new commercial enterprise with the minimum amount being US $1 million. If the applicant wants to invest in a ‘Targeted Employment Area’- which includes rural areas or areas where rate of unemployment is 150 percent of the national average of USA, the minimum qualifying investment amount is US $500,000.
• At least 10 U.S. workers must be direct full-time employees of the concerned enterprise.
• Should participate in the day-to-day activities of the enterprise or be part of the policy formulation for the enterprise.
2. Invest in a specified regional center
U.S. Citizenship and Immigration Services (USCIS) have approved certain regional centers which are a huge investment opportunity.
Minimum requirements for this option are as follows:
• The applicant must invest a minimum amount of US $500,000.
• It must be proved that 10 jobs- direct/indirect were created as a result of your investment (in comparison to creation of 10 direct jobs in the 1st option);
• This program does not require the applicant to actively participate in the enterprise.
• The applicant is not required to reside in the area of investment.