Visa System Representation
- The US Congress created the EB-5 program in 1990 to restore the economy through giving jobs and capital investment by overseas investors. Former President Obama signed the Public Law 114-254 back on December 10, 2016 about expanding the regional center program by April 28, 2017.
- USCIS system on EB-5 arbitration is included in Volume 6, Part G of the USCIS Policy Manual.
- All EB-5 investors must spend in new commercial business:
- Started after Nov. 29, 1990 or
- Begun on or before Nov. 29, 1990 that is:
- Current business is reorganized in new commercial business results or
- Extended by more investment therefore, at least 40% increase in the net worth or number of employees
- Commercial business is to get profits for the continuous lawful business including but not limited to:
- Sole Proprietorship
- Partnership (whether limited or general)
- Holding Company
- Joint venture
- Business Trust
- Other Organization, either public or privately owned ( Non Commercial activity like owning and managing personal residence is not included)
Job Providers Requirement
- An EB-5 investor must produce the needed amount of capital in new commercial business that will give full-time employment, minimum 10 eligible employees.
- New commercial business must create full-time employment, if it’s not located within a regional center.
- Full-time positions can be given either directly or indirectly by the new commercial business, if its located within a regional center.
- EB-5 investor might depend on job maintenance, if there’s business trouble.
- Investor must show that the number of current employees will be remained at least 2 years.
- Eligible employee is U.S. nationality, legalized permanent resident or other immigrant permitted to work in the US including, but not limited to, conditional or non-permanent resident, fugitive or person living in the US under interruption of extradite.
- Full-time employees in the new commercial business are required minimum 35 working hours every week.
- For regional center system, full-time employees which have been indirectly hired are also instructed minimum 35 working hours every week.
- If two or more qualified employees share full-time positions will consider as full-time employment, given the hourly requirement per week is achieved. Part-time positions are not included even though they reached the hourly requirement per week.
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