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A Win-Win Situation- Investing in the United States Temporary and Permanent Investor Visas

A Win-Win Situation- Investing in the United States Temporary and Permanent Investor Visas

Posted by: ScottMond Law Firm
September 22, 2010
Topic: Employment Visas

As the United States has recently experienced a downturn in the economy, it is exciting to know that jobs can be created in the United States when foreign nationals make a decision to invest in the U.S. economy by opening a company. It's a "win-win" situation. Investors are able to gain permanent or temporary residency, while jobs for United States Residents and Citizens are created.

The purpose of this short article is to discuss the minimum financial requirements needed for foreign nationals to invest in the United States and successfully achieve Permanent Residency (Green Card status) through EB5 option. Likewise, the E-2 visa financial requirements are briefly discussed here as well.

Generally, EB5 is fifth preference category visa that allows a non-U.S. resident or foreign national to acquire Permanent Resident Status in the United States if they meet significant financial requirements, and other guidelines are satisfied. EB5 allows for conditional residency for persons who, after Nov. 29, 1990, invest $1,000,000.00 (or under certain circumstances $500,000.00) in new commercial enterprise that employs 10 United States Citizens or authorized immigrant workers full-time and engage in the business through day-to-day management or policy formation. 7.1% of worldwide visas per year of which 3,000.00 are set aside for "targeted employment areas".

Financial Sources. Invests may be cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the entrepreneur. If a loan is taken it must be secured with assets that the foreign national stands "to lose" and is "at risk" to qualify for the visa. The secured assets must have a value equal to or greater than the loan received. The secured assets must be somewhere where they can be reached by the lender if the EB-5 investment fails and the investor defaults on the loan.

E-2 visa alternative. Alternatively, the E-2 visa is a temporary investor visa. It requires significantly less as a means for a foreign national to open a company and invest in the U.S. From our firm's experience, an investment as low as $50,000.00 can satisfy the requirement for this visa if it matches the nature of the business being opened.

We invite you to contact our law firm at (703)955.7998 or [email protected] or [email protected] if you have questions on the EB5 or EB2 investment options.

ScottMond Law Firm


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