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Immigration Attorney Helps You Win an Investor Green Card

Putting investors on the path to permanent residency

The immigrant investor visa (EB-5 visa) is one way to obtain a green card. Investor green cards require a substantial investment in a new commercial enterprise or a Regional Center. Roxi A. Liming, the immigration law attorney at Adams & Liming, LLC, LLC, is knowledgeable about the investor green card process and has successfully helped many investors gain their green cards this way. We are problem solvers who help you find the best way to invest in a business to qualify for an investor green card.

How do I qualify for an investor green card?

The Investor Green Card (also called the EB-5 Category) is an excellent opportunity for many foreign nationals to become permanent residents of the United States.

The Regular Program

A person investing $500,000 in certain circumstances or $1 million in a business that creates 10 full-time jobs for US workers may be granted EB-5 permanent resident status. The basic government criteria for this excellent status are:

  • Investment must be in a business, not a passive security such as the stock market;
  • Invested funds must be the individual’s, but may be a loan or gift from a parent or other person, provided the appropriate gift taxes are paid, if required;
  • The business must have been created after November 29, 1990 or the investment must substantially change an older business;
  • The amount of investment may be $500,000 in a rural or high unemployment area; and
  • Create 10 full-time jobs for US workers

Procedures

EB-5 Permanent Resident status involves making the investment, filing an I-526 petition with USCIS, and applying for an Immigrant Visa at a United States consulate or applying for Adjustment of Status in the U.S. After “Conditional” Resident Status (Green Card) is granted, you must wait one year and nine months to file an application to remove the “conditional” status. With this application, evidence of the creation or saving of 10 jobs, if necessary, is required as well as proof the entire investment has been made. Upon approval of the application by USCIS, you and your immediate family members are granted Permanent Resident status.

We can analyze business opportunities and advise you whether they may qualify for an EB-5 Green Card. We do not, however, give business advice or analyze an investment for determining financial viability. You are encouraged to hire accounting and business law experts to conduct a due diligence analysis of the investment.

Investing in a new commercial enterprise

You must be investing in a “new” commercial enterprise, which must have been one established after November 29, 1990. However, contribution of capital to an “existing” business (that was formed prior to November 29, 1990) may be acceptable in some situations.

The investment must be in a “commercial” enterprise. Any for-profit entity formed for the ongoing conduct of lawful business may serve as a commercial enterprise.

A. Amount of capital

The amount of required capital is at least $1 million. The minimum investment is reduced to $500,000 in cases of investment in “targeted employment areas,” which are rural areas or areas, which have experienced unemployment of at least 150 percent of the national average rate. Ohio, Michigan, Indiana and most states have many areas that qualify as “rural areas.” Additionally, if you are investing through a Regional Center, you are only required to invest $500,000.

B. Equity capital

To “invest” is to contribute equity capital to the enterprise. Loans of capital by you to the business do not qualify as an appropriate investment. You cannot receive any bond, note, or other debt arrangement from the business in exchange for your contribution of capital.

C. Kinds of capital

“Capital” may include cash and cash equivalents, equipment, inventory, and other tangible property. You may borrow the investment money if it is secured by assets you own, provided you are personally and primarily liable for repayment of the loan, and the assets of the business are not used to secure any of the indebtedness.

D. “At risk”

Your money must be “at risk.” Your investment money must be used for job creation and profit-generating activity.

E. Tracing and lawful source

You must show that you obtained the money to invest from lawful sources. You must present sufficient documents to demonstrate this. You also should present evidence that traces money from you directly to the business.

F.  Gifted funds

You may receive a gift of the funds, provided the proper gift taxes are paid, if required by law.

Creating or saving jobs

Your investment must create full-time employment for at least 10 U.S. workers. You and your spouse and children do not count toward the 10-employee minimum.

A. Types of jobs

The jobs created must be full-time, i.e., positions that require a minimum of 35 working hours per week. Part-time jobs do not count. However, job-sharing arrangements where two or more qualifying employees share one full-time position will be counted.

B. When jobs must exist

You may base the petition on proof that the required jobs have been created or on proof that the required jobs will be created before the end of the two-year period of conditional residence. In the latter case, you must support the petition with a comprehensive business plan demonstrating a need for at least 10 employees before the end of the conditional residence period.

C. Troubled business/saving jobs

Special rules govern investments in “troubled” businesses. A troubled business is one that has been in existence for at least two years, has incurred a net loss for accounting purposes during the 12 or 24 month period before the petition was filed, and the loss for such period is equal to at least 20 percent of the business’s net worth before the loss. If the petition is based on investment in a troubled business, you are not required to create 10 new jobs. Instead, the petition may be based on proof that the business will maintain the number of existing employees during the conditional status period.

How long does it take to get an investor green card?

Compared to other ways to get a green card, investing in a business can be a somewhat faster way to obtain a green card and achieve permanent residency. The processing times have varied over the last several years from as little as four months to more than one year, depending on USCIS caseload. Our experienced immigration attorney works to push your petition through as quickly as possible.

Contact us today for help obtaining an investor green card

At Adams & Liming, LLC, LLC, we focus on helping you obtain residency swiftly. If you encounter a problem with your application, we fix it. Contact us at 614-488-2053 or online to schedule a free 15-minute consultation. Our Columbus office, at 1335 Dublin Road, Suite 104D, is open from 9 a.m. to 6 p.m., Monday through Friday, with after-hours appointments available as needed.

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