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Conditions For US Investment Immigration

 

If you’re a foreign national interested in investing in a new company, you may be wondering whether you can qualify for the green card based on your investments. There are a number of requirements you’ll need to fulfill. These include the need to create jobs, having an active role in the company, and establishing a good cause for late filing. Here are some important tips on how to get the green card that you’ve been looking for.

Investment must create jobs

Under the rules for U.S. investment immigration, foreign investors must create at least ten new jobs in the U.S. Those jobs must be full-time and permanent. Unlike a regular job, an investor can’t count his or her own spouse, children, or independent contractors as employees. However, the investor can count his or her investment as an indirect job creation. In some cases, a foreign investor may invest in a troubled business in order to fulfill the job creation requirement.

Under U.S. investment immigration, a foreign investor must invest a minimum of $50,000 into a new commercial enterprise to create at least 10 jobs in the U.S. The jobs must be full-time positions, and the company must also employ 10 U.S. citizens or lawful permanent residents. In some cases, a foreign investor may invest in a business that has a troubled financial situation, but it must be an investment that is profitable.
Investors must be actively engaged in the company

A successful EB-5 investment must have at least ten full-time employees and a positive impact on the American economy. The business cannot be a sole proprietorship. Rather, the investor must invest in a company that creates a net profit of more than $10 million and contributes to the overall prosperity of the country. The company must create ten full-time jobs within two years. At least half of these jobs must be filled by U.S. citizens or Green Card holders.

To qualify for a green card, they must have substantial involvement in the company and must document the source of their investment. The investor must be engaged in the management and policy-making processes of the enterprise. Investing in a U.S. business is the most popular method of immigrant immigration. The investor can apply for conditional permanent residency if they are involved in the company management and decisions.

Investor must show good cause for late filing

The filing deadlines for both investor immigration and immigrant investor visas have deadlines. If the petition is submitted before the two-year conditional resident status expires, USCIS may consider it timely. In addition, if the investor can show good cause for the delay, USCIS may accept the late filing for an immigrant investor visa and remove the condition from the status.

In addition, investors must show that they have created jobs in the United States. Failure to establish a new business within a reasonable period of time could result in automatic deportation. In such a case, an investor must show that he or she has established a commercial enterprise in the United States, invested requisite capital, and sustained such activity during the immigrant investor’s stay in the U.S.

The commenter also urged the DHS to extend priority date retention benefits to conditional LPRs, as this would ease the burden of investors who are not eligible for permanent LPR status. In addition, he argued that delays in adjudicating an I-829 petition increase the risk to investors. A regional center may be closed, for example, resulting in delays in adjudication.
Limitations on the number of green cards awarded to investors

Although it sounds like an insurmountable problem, the government has set a cap on the number of green cards awarded to investors every year. There are ten thousand per year for investors, including 3,000 for investors from rural areas with high unemployment. If more than that number is approved, applicants are put on a waiting list. However, the waiting list prioritizes applicants by priority date. In some cases, investors can sponsor a spouse or unmarried child.