Investment Immigration

There are thousands and thousands of immigrant visas requested yearly. Many of those seeking a visa are qualified to become permanent United States (US) residents. However, it takes years to process the applications sifting out the ones that qualify, reject those that do not qualify or still need to fulfill the pre-requisites.

Even though immigration laws and other related regulations change visa acceptance frequently it is based on important elements. This includes eligibility requirements, going through various procedures as well as other elements. It is a good idea to contact an immigration attorney that is qualified to make sure everything runs as smoothly as possible.

When it comes to being a foreign investor that wants a visa and permanent US residency they are in the EB-5 category when it comes to an immigrant visa. When they seek investment immigration they need to show they have a “qualified investment”. This includes demonstrating that there will be at least 10 jobs created related to this new commercial enterprise if a visa is granted. Information that is provided for such a visa is indicating who has invested in the enterprise as well as explaining the plan for the venture. This will include explaining if the business is a new one or it will be something that already exists. The investment needs to also indicate how it will be a benefit for the US and the economy. Another element that will be requested is capital that will be needed.

Basically, new commercial enterprise is defined as creating a new business, buying out an existing business and expanding it by restructuring it to get a 140% increase of jobs. It is also extended to retaining existing jobs in business that is in trouble or lost 20% of its net worth in the past one to two years.

The procedure for a visa is the INS Form I-526.  This is the Immigrant Petition by Alien Entrepreneur. It has to be filled out and meet the listed requirements. Explanations of the venture as well as anything else filled out needs to be done clearly and completely. This form is found online. The next step after this form is turned in and approved is to earn conditional resident status. This is done by filing the INS Form I-485. It is the Application to Register Permanent Residence or Adjust Status. It is required for investors that will live in the US. Nevertheless, if they will live outside the US an immigrant visa application is needed to be filled out at the US Consulate Abroad.

It is also important that once admitted to the US filing an INS Form I-829 is required. This will happen three months before the second anniversary of US admission. The petition will be by the Entrepreneur to Remove Conditions. Remember to check the law and discuss the situation with qualified experts in the field. Federal statues determine US immigration laws, which could change. It is best to seek the services of an immigration lawyer to take care of the legalities instead of trying to do it all on your own.