With the changes made by President Biden’s government and given the current complex situation in the country, many Colombians are looking to invest their money in stable markets. that offer you the guarantees and security of making your capital profitable in the medium and long term.
(Visa appointments in the United States could take until 2022).
One of the options to achieve this is the EB-5 visa program, which has allowed foreign investors and their families to obtain permanent residence, previously with an investment of $ 900,000 and now thanks to the judgment of a judge. district, in which he said the executive who changed the program was illegally installed by the last administration and therefore dropped to $ 500,000 (about $ 1925.75 Colombian) again with a new opportunity for investors.
To obtain this type of residency it is important to consult with a specialist in investment immigration programs EB-5, so for Edgar Pulido international director of the offices in Colombia of the firm Latam in the USA, it is crucial to know the differences of the two modalities to access the EB5 program; such as EB-5 Direct and EB-5 Regional Center.
(Increased percentage of visas denied to Colombians by the US).
Direct EB5: in this the participants have to invest in a project and in addition they have to verify that the commercial entity created ten full-time jobs for American workers. In addition, this:
· The law of direct investment is permanent.
· All work is direct and analyzed by W-2.
· Investors can use developers to “group” the investment with direct investors and have the developers produce all the project documentation.
· The structure of the negotiation is based on being a shareholder and not a lender.
WHAT FOLLOWS FOR INVESTORS WITH THE EB-5 REGIONAL CENTER PROGRAM?
According to Edgar Polished the temporary expiration of the program will cause delays in the EB-5 visa approval processes; however, there is no hint that Congress will decide to cancel it. On the other hand, in response to this fact, the United States Citizenship and Immigration Service (USCIS) issued a series of guidelines on how to handle the applications of those investors who began the EB-5 process and who they are waiting to be approved.
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For the EB-5 Regional center it is important to consider:
· That the reauthorization by Congress is required
· The occupations they generate can be direct, indirect or induced.
· The regional center has already completed and gathered absolutely all the documentation required for the project.
· Investors do not intervene directly in daily operations or management, and depend entirely on the experience of the regional center.
· The structure of the transactions is based on loans.
On the other hand, it is crucial to note that to qualify permanent residence under the EB-5 program through investment project, the investor must (by himself or through the Project Developer) :
· Generate or Preserve 10 Jobs: The investment must create or preserve a minimum of 10 jobs.
· Capital must come from a legal source: Investors investing in an EB-5 project will need to prove that the investment funds come from a lawful source.
(US ‘Visa Lottery’: what it is and how to apply for it).
· Your capital will be at risk: It is required that the investment is at risk, this means that in no way can be legally guaranteed, ie it is a direct investment in a commercial project of a private, so it is important to select where the money is invested. If the application is approved by the Department of Immigration (USCIS), the investor and his immediate family will obtain conditional residence for two years, taking into account that he must submit at the end of that period a new application to the U.S. Department of Immigration (USCIS), to remove the clause, proving that the funds are being invested and is actively generating employment. The sum, in full, must be invested in the project, before the foreign investor begins the application process for the residency.
· Return on Investment: Once the complete procedure has been completed, with the removal of the “provisional” condition of the Green Card or residence, the developer of the direct investment project must begin the mechanism to return the initial investment, according to the proposed business plan.
BENEFITS FOR EB-5 VISA
1. Residence “Green Card”, for the investor, spouse and children under 21, single.
2. Freedom to live, travel, work, and retire anywhere in the United States.
3. After five 5 years, having obtained the residence, the investor and his family can obtain citizenship, provided that all immigration requirements are met, as required by law and has the capacity to entering and leaving the United States as a permanent resident.
4. Educational benefits for the children of investors, where they can study in the public school system.
5. Has the ability to start a business without immigration restrictions.
6. Finally, depending on the country of birth of the immigrant, the EB-5 is the fastest option to obtain the Green Card, compared to other paths such as the EB-1, 2,3.
To date, the U.S. government has issued 10,000 EB-5 visas (including beneficiaries) each year. It is one of the safest and most efficient tools to emigrate as an investor or entrepreneur in the United States. Considering seeking legal advice from professionals and stressing that the $ 500,000 USD is for a limited time, as before the end of the year it could vary.
PORTFOLIO