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PERMANENT U.S. RESIDENCY FOR FOREIGN INVESTORS

   

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—Who’s Who Legal
2009 California Edition

Fifth Preference Investor

The immigrant investor or fifth preference investor category is an excellent option for immigrants who make large investments that will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

Since there is no current backlog in this preference category, the EB-5 program is a potential alternative to the lengthy backlogs that persist in other immigrant visa categories.

Regular Program

Ten thousand visas are allocated annually to individuals who invest $1 million and create at least ten new jobs. The law permits the investment amount to be reduced to $500,000 if the business is located in a rural area, or in an urban area with high unemployment. Many desirable areas have been designated as high unemployment areas which qualify investors to obtain immigrant visas with a $500,000 investment, provided they create ten jobs, excluding independent contractors and immediate family members.

It is possible to qualify by making an investment in a troubled business that lost at least 20 percent annually for two successive years prior to filing. Investments in troubled businesses sometimes allow an applicant to show that the ten jobs have been saved rather than created.

Regional Center Program

The Immigrant Investor Pilot Program allows applicants to make qualifying investments in commercial enterprises in designated “Regional Centers.”

The Pilot Program does not require the investor to directly hire ten qualified workers. Instead, the qualifying employees may include individuals who provide services or a job that has been created indirectly by the investment in the new commercial enterprise. As a result, the Regional Center Program has become a popular option for many wishing to immigrate to the United States.

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The immigrant investor category provides for a conditional green card. Twenty-one months after approval, a petition must be filed to remove the conditional nature of the green card.

Contact us if you think the Immigrant Investor Program is the option for you, or to inquire into alternative immigration options.