HOME > Why EB-5
 
 

1. SHORT PROCESSING TIME: Compare to Family Based Immigration that has about 2-3 years of waiting period (12 years or more if based on sibling's petition) or the Labor Based Immigration that takes about 2-3 years to process, the biggest advantage of EB-5 is the short processing time in that it only takes about 8-10 months to acquire a conditional permanent residency upon the passing of the immigration interview after receiving the permission to immigrate through EB-5.

2. NO EXTRA LABOR REQUIREMENT: Investor does not have to work as it is the case in the other Employment-Based Immigration where a person is obligated to work for his/her permanent residency ("Green Card")

3. NO BUSINESS MAINTENANCE REQUIREMENT: Investor does not have to sustain the pain of operating a business just to maintain the visa status without the legal permanent residency as is the case of E-2 visa.

4. FREEDOM TO RESIDE ANYWHERE IN THE U.S.: Investor can freely live and/or engage in any business activities anywhere in the U.S. as a legal resident after making the investment.

5. CHILDREN RECEIVE ALL OF THE BENEFITS OF THE LEGAL RESIDENCY: If Investor has children studying in the U.S., it is relatively easier for them to receive the benefit as a legal resident and/or to stably settle in the U.S. (career-wise).

=> THEREFORE, those with the vision and qualification to invest along with financial ability to invest should choose EB-5 Immigration.


 
 
 

U.S. Congress created an investment based immigration visa called EB-5 in 1990 for immigrants seeking to enter to engage in a commercial enterprise that will benefit the U.S. economy and create at least 10 full time jobs. It is called EB-5 for being categorized as fifth among Employment Based Immigration (EB category) in the U.S. Immigration and Naturalization Act (INA). INA provides a yearly maximum of approximately 10,000 visas for this preference, however, at most only about 1,000 people a year have immigrated, just one-tenth of the visas available.

EB-5 requirements,
1. As a Foreign National,
2. Person Must Invest Minimum of $1,000,000 USD.
(Except if the invested area is designated as Low Population Zone consisting of 20,000 or less people OR it is of the High Unemployment Zone with 150% greater rate than the national average (Targeted Employment Area (TEA/Special Economic Zone)), the required fund may be minimum of $500,000 USD)
3. The Invested Business Must Hire 10 or more New Employees who are the U.S. citizen or a legal permanent resident that are not the spouse and/or children of the immigrant. The term "Invested Business" includes the entity directly established by the investor and/or the method of investment through the purchase of stock of the business that is being currently operated.

If it is acknowledged that the immigrant is able to fulfill the above mentioned qualifications, then the "conditional green card" with the valid term of 2 years is granted; after that, upon the removal of the condition, the permanent green card may be granted.

=> "Conditional green card" is a method used in order to prevent fraudulent investors who may attempt to obtain green card under the pretense of investment, and thus if the investment is not made during those 2 years and that the employment creation is not evidenced, and that it is determined that the business lacks the continuity, the person may lose the conditional green card.


 
 
 

1. Must show lawful possession of personal funds including the investment fund of $500,000 USD.

2. Must show that the funds are legally created. As such, supporting documents showing that the funds are created and amassed from legal means are essential.

3. INA regulation states that "the risk inherent within the investment is assumed by the investor." Accordingly, there cannot be any guaranteed return of original funds. Therefore, the investor must acknowledge that investor is assuming the risk in investment and therefore, must have the vision of choosing the safe & secure EB-5 program for making the investment.

=> This is exactly why definite one must choose safe & secure South Dakota Investment Immigration EB-5 Program.