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Investment Immigration
Investment immigration offers foreign investors a pathway to permanent residency or citizenship by making qualifying investments in the United States. This route is particularly attractive to entrepreneurs, high-net-worth individuals, and families seeking new opportunities in the U.S.
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1. Investment Immigration Eligibility Requirements
To qualify for investment immigration under programs like EB-5, applicants must typically invest $1,800,000 (or $900,000 in a Targeted Employment Area) into a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers. Investors must also demonstrate that their funds come from a lawful source and that they are actively involved in managing the investment.
Investment Immigration and Source of Funds Verification
The U.S. Citizenship and Immigration Services (USCIS) requires investors to provide thorough documentation proving that their investment capital was lawfully obtained. This may include tax returns, business income records, inheritance documents, or sale of property agreements.
Investment Immigration and Job Creation Obligations
Meeting the job creation requirement is crucial for a successful investment immigration case. Direct job creation is typically preferred, but indirect employment generated through a regional center project may also be eligible under EB-5 rules.
2. Investment Immigration Program Types
There are several investment-based immigration programs, with EB-5 being the most prominent. Other routes may include E-2 Treaty Investor visas, which do not offer a green card but allow business operations and residency based on a substantial investment from a treaty country.
Investment Immigration through EB-5 Program
The EB-5 program offers a direct path to a green card. Investors must invest in a for-profit U.S. business and meet all USCIS criteria. It is suitable for those seeking permanent residency for themselves and their immediate family members.
Investment Immigration with E-2 Treaty Investor Visa
The E-2 visa is a nonimmigrant visa available to citizens of countries that maintain a treaty of commerce and navigation with the U.S. It allows them to live and work in the U.S. based on a substantial business investment, though it doesn’t lead directly to a green card.
3. Investment Immigration Legal and Strategic Considerations
Investment immigration requires more than just capital. Investors must consider tax implications, corporate structure, exit strategy, and compliance with U.S. securities and immigration laws. Working with a law firm experienced in both immigration and business law is essential.
Investment Immigration and the Role of Legal Counsel
Missteps in documentation, job creation, or source of funds can result in denial or delays. At SJKP LLP, we help clients prepare robust applications, perform due diligence on projects, and navigate complex regulatory requirements from USCIS and SEC.
Investment Immigration Tax Planning Needs
Entering the U.S. as an investor often triggers U.S. tax residency. Proper tax structuring before the green card is issued can reduce future tax liabilities and avoid double taxation.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
