The EB-5 Regional Center Investor Visa - Another Option
Immigration options for foreign investors wishing to relocate to the United
States have historically been somewhat limited. Seeking to stimulate the
economy via investment and job creation, the U.S. created the EB-5
Immigrant Investor Visa. After almost two decades of fine-tuning,
today's EB-5 Regional Centers represent the most prudent,
compelling, and sensible avenue to U.S. permanent residency for many foreign
investors.
The EB-5 Regional Center Visa eliminates most of the
traditional complexities associated with investment based immigration. For
many, the EB-5 Regional Center program offers a clean,
straightforward, and structured option permitting the investor and family
members to obtain u.s. permanent residency. No "hands on" business operation is
required, nor is the creation of 10 direct jobs in the U.S. Instead,
Regional Centers - which
are pre-approved by the U.S. government - serve as vehicles through which both
the immigration and investment objectives of the investor can be realized.
EB-5 Regional Centers are gaining both momentum with investors
and traction with the U.S. Customs and Immigration Service, which has expanded
its adjudication force to meet increasing investor demand.
The excitement is palpable among "traditional" high-net-worth investors and
successful foreign professionals who have been adversely affected by visa
limitations and restrictions in other categories. Both temporary (nonimmigrant)
and permanent residency visa categories face severe availability limitations
based upon global demand for U.S. residency. Such conventional mechanisms
invariably mean extensive waits resulting from quotas and backlogs at U.S.
Citizenship & Immigration Service (USCIS) facilities.
With employment-based immigration categories, from beginning a PERM permanent
residency filing through actual approval of permanent residency is estimated to
be about an 8 year process. In India, a professional worker (EB-3) filing today
for permanent residency has a predicted wait time of 15.8 years before he or
she receives U.S. permanent residency! With these kind of delays, it is no
wonder the EB-5 is drawing attention from foreign
professionals worldwide.
In contrast, the EB-5 Investor Visa permits qualified
investors - defined as investors with a worldwide net worth of $1 million or
income of $200,000 per year over the past two years if single or $300,000 per
year if married - to apply for admission to the United States as U.S. Permanent
Residents. The EB-5 Investor Visa via the Regional Center
Program requires a $500,000 investment into a USCIS designated Regional Center
and the creation of ten direct or indirect jobs. The Regional Center investment
does not require active daily involvement from the investor and the investor
and immediate family gain unrestricted ability to work and live inside the
United States. Foreign investors currently participating in this program can
receive their conditional "green cards" as fast as six to twelve months.
Today, more than 70 Regional Centers have
been approved. Various Regional Center models - equity-based, loan based, and
mutual-fund - allow investors to find the right combination of security,
return, and exit strategy best suited for their particular immigration and
investment objectives.
BY ROGER A. BERNSTEIN, ESQ.
Bernstein Osberg-Braun, LLC
11900 Biscayne Blvd, Suite 700
Miami, Florida 33181
305-895-0300
rbernstein@visaattorneys.com
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