OVERSEES RETIREES: HOW YOU MAY BE ABLE TO INVEST IN A GREEN CARD

Whenever I meet a retiree, for example a Canadian, here in Miami, I’m asked “How can I stay here permanently?”   Many retirees (also called “snowbirds”) usually come to the U.S. for three to six months at a time.  Some wish to stay longer, but their visas have limited them to short tourist stays.  Each year millions of snowbirds willingly come back to the U.S. despite these restrictions, and dream of staying.  What is not known by them is that there is a way to obtain U.S. permanent residence without worrying about qualifying for an employment, student or other category of visa.

For nearly two decades, an investor visa called the EB-5 visa has been available to qualified investors.  Each year, 3,000 investor visas are available for those who apply under a government-approved “Regional Center.”   A Regional Center is an organization or agency that has been approved by the U.S. Immigration Service and focuses on a specific geographical area within the United States. The primary purpose of the EB-5 Regional Center Program is to promote U.S. economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

The EB-5 Regional Center Program may be more desirable than the alternative.  Investors may also establish a new commercial enterprise, purchase an existing business or reorganize a business so that a new commercial enterprise results. Yet, this is more complicated for some investors, especially those who know the risks involved in starting a new company.  Such as, investors trying to apply based on their ownership in a commercial enterprise will have to show that their investment will benefit the U.S. economy and create full-time employment for not fewer than 10 qualified individuals.   But this is not so with the EB-5 Regional Center program. Clearly, this is the primary reason why the EB-5 Regional Center Program has become the most convenient way for investor to obtain permanent residence in the U.S.

Investing in a Regional Center requires, at a minimum, $500,000. This investment must be at risk, because under U.S. Immigration Law there can be no guarantee that the funds will be returned. However, by selecting a credible and established Regional Center, it may be possible for you to receive a financial return, and after five years to be able to withdraw your funds.  What you should also know is that most Regional Centers also charge a processing fee of $25,000 to $50,000, which does not include legal representation.   In fact, all Regional Centers will prefer that you have separate legal representation.

To get started and set up your investment, you will need to show that your funds are from a lawful source.  This means that the funds must be from personal income from your business, salary, investments, property sales, inheritance, gifts, personal loans, or other lawful means.  It will be your immigration attorney’s responsibility to guide you through this part of the process, as U.S. Immigration Law specifies what type of income is suitable for EB-5 investment.  Furthermore, your immigration attorney will need to advise you on various immigration processing requirements, including for your spouse and children, if any, whom may also obtain permanent residence based on your investment.  Otherwise, since one of the unique features of investing in a Regional Center is that you will not be required to live in the state where your money is invested, the EB-5 Regional Center Program may be the right solution to your U.S. immigration demands.  You may live anywhere you like in the United States, or your home country, and you will not be confined to the state where your investment dollars will be at work.  Instead, you  can have permanent residence in the United States – and a path to U.S. citizenship.

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