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Do not settle for a non-immigrant E-2
visa! South Dakota is the only state in the United States that has
unique access to Regional Center immigrant visas (Green Cards/Permanent
Residence) for dairy farmers only!
Regional Center status is available for twelve counties in eastern South
Dakota. These are the counties of Brookings, Clark, Codington, Deuel,
Grant, Hamlin, Kingsbury, Lake, McCook, Miner, Moody and Roberts.
How many immigrant visas are allotted for this
classification?
What is meant by the requirement that the
investor’s assets be “lawfully gained”?
Must I have previous business experience
or education?
Must I speak English?
What are the obligations of the Investor
to participate in the investment?
What is the difference between “conditional”
and “unconditional” green cards?
How does an investor apply for the EB-5
visa?
What information and documentation are
required?
If my I-526 petition is approved by USCIS, what is
the purpose of the consulate application and interview?
Can I apply if I have been rejected or terminated
in the past by USCIS for a L-1, B, or other visa?
Who receives the permanent residency (“green card”)?
What makes this program different from the L-1
(manager transfer) or E-1/2 (Treaty Trader/Investor)?
How long must I remain in the United States each
year?
What are the benefits of the green card?
What is the difference between permanent
residency and citizenship?
Will my children be able to remain in school in the
United States if I leave the United States?
Q: How many
immigrant visas are allotted for this classification?
The EB-5 program allots 10,000 visas per year for aliens and family
members whose qualifying investments result in the creation or
preservation of at least ten (10) full-time jobs for United States
workers. 3,000 immigrant visas are set-aside for aliens who invest in
areas of high unemployment or qualifying rural areas.
Q:
What is meant by the requirement that the investor’s assets be “lawfully
gained”?
Under BCIS regulations, the investor must demonstrate that his assets
were gained in a lawful manner. This requires the investor to prove his
investment funds were obtained through lawful business, salary,
investments, property sales, inheritance, gift, loan, or other lawful
means.
The project requires an investor to reveal where and how he received his
assets in the amount of at least US$600,000 that are used for qualifying
for the program. This may be accomplished through certificates by the
investor’s licensed accountants, lawyers, court records, salary
statements, tax statements, real estate documents and the like.
Q: Must
I have previous business experience or education?
The investor is not required to have any prior business experience.
Likewise, the investor is not required to demonstrate any minimum level
of education. The only requirement for the investor is that he or she
has the required net worth and capital.
Q:
Must I speak English?
No.
Q:
What are the obligations of the investor to participate in the
investment?
The investor must be “active” in the management of the investment by
engaging in the management of the new commercial enterprise, either
through day-to-day managerial control or through policy formation.
However, the law does specifically allow that an investor will qualify
as a “limited partner” as defined in the Revised Uniform Limited
Partnership Act.
The project meets all the regulation requirements by enrolling the
investor in the investment as a limited partner. This role allows the
investor to continue to engage in his own business without needing to
participate in the investment operations. Additionally, this allows the
investor to live where he pleases, and gives him the option to enter and
exit the United States without any obligation to manage the investment.
Most importantly, the limited partner, like the corporate shareholder,
is only liable to the enterprise to the extent of the agreed-upon
investment. The Fund uses this business structure to protect the
investor.
Q: What is the
difference between “conditional” and “unconditional” green cards?
Under the regulations, an investor who is approved for the EB-5
immigrant visa receives a “conditional” green card, which must be
reissued after two years. Otherwise, the two cards offer the same rights
and privileges.
Q: How
does an investor apply for the EB-5 visa?
An investor must apply to the BCIS for EB-5 visa qualification through
the submission of a number of required elements including: immigration
forms, personal financial information, business plans, legal brief on
qualifications under the proposed application, a copy of the BCIS’s
Regional Center approval letter, and other supporting evidence. Also,
funds must be placed in escrow prior to submitting an application.
Q: What
information and documentation are required?
Professional Background: A résumé with copies of college diplomas and
other educational certificates, if applicable, should be included.
Business licenses, brochures about the business and other information
about the applicant’s business are also beneficial. Any memberships in
professional organizations should be documented. Unless the investor
inherited the funds, the investor should be presented as a successful
professional or businessperson with a business, financial or family
history that explains the accumulation of financial net worth that is
presented in the financial information. Provide as much documentation as
possible that pertains to the career and achievements of the Investor.
Source of Funds: Funds for the investment must come from a lawful
source. Lawful sources of funds include: profits from the sales of a
property, stocks or bonds, profits from business, business transactions,
gifts, and inheritances. Original bank statements, verification of
assets, and three years of tax returns must be provided.
Important: All documents included in the application must be translated
into English. The investor must sign the English version of all
agreements, government forms, and applications.
Q: If my I-526
petition is approved by USCIS, what is the purpose of the consulate
application and interview?
The purpose of this application is to ensure that the investor and his
or her family undergo medical, police, security and immigration history
checks before the conditional permanent resident visas are issued. At
the interview, the consulate officer may address these issues and
information printed on the I-526 application, including asking the
investor to summarize the nature of his or her immigrant investment.
If the investor and his or her family are in the United States , then
the application may be filed at the appropriate office of the USCIS.
Q: Can I apply if
I have been rejected or terminated in the past by USCIS for a L-1, B, or
other visa?
Rejection in the past does not disqualify the applicant, unless the
reasons related to immigration fraud or other major problems. It is most
important that all criminal, medical, or United States immigration
history problems be disclosed to the Fund and legal counsel in advance
of application.
Q: After petition
approval, can members of the family interview in different countries
(i.e. children attending school in the United States and the parents in
Taiwan, etc.)?
Family members can interview in different countries. The country of
origin or where the family has current ties is the standard interview
site. Often one member of the family is located in another country, such
as a student attending school in the United States The student does not
have to return to the country of origin and can adjust status in the
United States at the district office of the USCIS.
Q: Who receives the
permanent residency (“green card”)?
Husband, wife and any unmarried children under the age of 21. It is
possible for adopted children to be included in the family.
Q: What makes
this program different from the L-1 (manager transfer) or E-1/2 (Treaty
Trader/Investor)?
Participation in the Immigrant Investor programs yields permanent
resident status. The E-1/2 Treaty Investor or Treaty Trader programs
allow for nonimmigrant status only. When the qualifying trade PR
investment ends, so does the non-immigrant status that has been granted
to the alien. Likewise, the L-1 is a non-immigrant classification.
Unlike E-1/2, and L-1 alien can apply for classification as a
Multinational Executive or Manager. If such as case is approved, which
is becoming more difficult due to the high number of fraudulent cases
and a subsequent tightening of the review process, the alien may apply
for Permanent Resident status.
Q: How long must
I remain in the United States each year?
The first requirement of any investor after they receive the visa at the
United States overseas consulate office is to enter into the United
States within 180 days of visa issuance from the consulate. The investor
must then establish residency in the United States . Evidence of intent
to reside includes opening bank accounts, obtaining a driver’s license
or social security number, paying state and federal income taxes,
renting or buying a home. The United States resident may work overseas
if required based upon the nature of the business or profession.
For those permanent residents living outside the United States, we
suggest the investor and family re-enter the United States no less than
once every six months. The longer the investor and family are present in
the United States, the less likely the government is to claim that the
investor “abandoned” the United States as a permanent residence –
thereby endangering his green card status. In some cases, investors may
seek the issuance of a “reentry permit” which allows the Investor
permission to remain outside the United States for as long as two years
without having to reenter the country to maintain permanent resident
status.
Q: What
are the benefits of the green card?
Each person has his or her own reason for wanting permanent residence in
the United States , and having a green card provides many benefits that
accomplish these goals:
§ All legal permanent residents under the Investor Visa Program enjoy
the same benefits as every other United States resident.
§ The United States is a safe harbor for your family as well as your
personal and business investments. Any member of the family with a
“green card” can enter the United States at any time and stay as long as
he or she wishes.
§ Investors have constant and easy access to the United States for
personal, trade and business purposes.
§ Permanent residents travel to the United States without the need of a
visa.
§ Investors may work, live, or own their own proprietary businesses
anywhere in the United States .
§ The United States has internationally recognized colleges and
universities for both basic education and graduate study. As a resident,
the investor can benefit from lower tuition costs.
§ The cost of living in the United States is less than most large
industrial nations. Consumer goods, services, and housing are
significantly less expensive than comparable services and goods in most
other countries.
§ Students may work in the United States while they attend college and
then continue to work afterwards, enabling the student to pay for part
of his education and to work while attending graduate and postgraduate
studies.
§ The United States provides many financial, social and education
entitlements: public schools, health and medical attention, social
security, and education.
§ The Investor has the ability to bring other family members to the
United States after proper application, and can obtain United States
citizenship after 5 years.
§ The permanent residency requires no renewal or re-application. Other
United States non-immigrant visas, such as E-2 and H may never result in
permanent residency, have time limits, and require additional filings
with USCIS. Furthermore, United States immigration laws may change and
prevent future approval when a renewal of visa is required.
Q: What is the
difference between permanent residency and citizenship?
There are two ways to become a United States citizen. One is by being
born in the United States or being born to a United States citizen. The
other way is by naturalization. The first step in becoming a United
States citizen through naturalization is to become a Legal Permanent
Resident (LPR). Being an LPR for 5 years is one of the basic
requirements for qualifying the naturalization. A second requirement is
being physically present in the United States for 30 months during the 5
years prior to the naturalization application. Once becoming a United
States citizen, an individual is entitled to benefits including the
right to vote and hold public office.
Q: Will my
children be able to remain in school in the United States if I leave the
United States?
Yes. |
