With the changes made by the President’s government Joe Biden Given the current complex situation that the country is going through, many Colombians seek to invest their money in stable markets, which provide them with guarantees and security to make their capital profitable in the medium and long term.
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One option to achieve this is software View EB-5, which allowed foreign investors and their families to obtain permanent residency, before with an investment of $900,000 and now thanks to the district judge’s ruling, in which he said the switch to the program was illegally installed by the previous administration and therefore, Down to $500,000 (about C$1,925,750,000) again with a new opportunity for investors.
To obtain this type of residency, it is important to consult with a specialist in EB-5 Investment Immigration Programs which is why Edgar Pulido, International Director of Latam’s Colombian Offices in the USA, it is transcendental to know the differences in the two ways to access the EB5 program; Such as EB-5 Direct and EB-5 Regional.
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Visa EB5 Direct
In this, participants must invest in a project and must also verify that the business entity has created 10 full-time jobs for American workers. This also:
The direct investment law is permanent.
· All work is direct and analyzed by W-2.
Investors can use developers to “pool” investment with direct investors and have developers submit all project documentation.
The negotiation structure depends on you being a shareholder, not a lender.
What is the next step for investors in the EB-5 Regional Center Program?
According to Edgar Pulido, temporary expiration of the program will result in delays in the EB-5 visa approval processes; However, there is no indication that Congress will decide to repeal it. On the other hand, in light of this fact, USCIS has issued a series of guidelines on how to handle the applications of those investors who have started the EB-5 Immigrant Investor Program process and are awaiting approval.
For an EB-5 Regional Center, it is important to consider the following:
This authorization by Congress is required
The jobs they generate can be direct, indirect or induced.
Completed the regional center already and collected all the required documents for the project.
Investors are not directly involved in day-to-day operations or management, and are entirely dependent on the regional center’s expertise.
The structure of transactions is based on loans.
On the other hand, it is necessary to consider that in order to qualify for permanent residence under the EB-5 program through an investment project, the investor (by himself or through the project developer) must:
Generate or maintain 10 jobs: The investment must create or maintain a minimum of 10 jobs.
The capital must come from a legal source: Investors who invest in an EB-5 project must prove that the investment funds come from a legal source.
Your capital will be at risk: The investment must be at risk and this means that it cannot be guaranteed in any legal way, i.e. it is a direct investment in a business venture of a private company, so it is important to determine where the money will be invested.
If the application is approved by the USCIS, the investor and his immediate family will receive a two-year conditional residence, bearing in mind that at the end of the said period a new petition must be filed with the US State Department. Immigration (USCIS), to remove the clause, which shows that money is being invested and actively creating jobs.
The entire amount must be invested in the project, before the foreign investor starts the residency application process.
ROI: Once the process is completed, with the “temporary” status of the green card or residency removed, the direct investment project developer should initiate the initial reinvestment mechanism, as per the proposed business plan
Benefits for EB-5 visa holders
1. Green Card residency for the investor, spouse and children under 21 years of age, single.
2. Freedom to live, travel, work and retire anywhere in the United States.
3. After five years, after obtaining residency, the investor and his or her family can obtain citizenship, provided they meet all immigration requirements, as required by law and have the ability to enter and leave the United States as a permanent resident.
4. Educational benefits for the children of investors as they can study in the public school system.
5. You have the ability to start a business without immigration restrictions.
6. Finally, depending on the country of birth of the immigrant, the EB-5 program is the fastest option for obtaining a green card, compared to other methods such as EB-1,2,3.
Until this year, the US government has Issued 10,000 visas (including beneficiaries) EB-5 each year.
It is one of the safest and most effective tools to immigrate as an investor or entrepreneur to the United States. Taking into account seeking legal advice from specialists and emphasizing that the amount of $ 500,000 is for a limited time, because before the end of the year it may vary.
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