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INVESTMENT VISA (EB-5)

ATTENTION:

On June 22, 2021 the Federal judge on Behring Regional Center LLC v. Chad Wolf, et al ruled and effectively rolled back the EB-5 regulations to pre-November 2019, most notably adjusting the minimum investment in Targeted Employment Area (TEA) from $900,000 to $500,000, and non-TEA from $1,800,000 to $1,000,000

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Effective June 30, 2021, EB-5 Regional Center (RC) program was not re-authorized by the U.S. Congress and the program is not available at this time

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Permanent resident status is available to investors, either alone or coming with their spouse and unmarried children through EB-5.

In general, “eligible individuals” include those:

  1. Who establish a new commercial enterprise by:

    • creating an original business;

    • purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or

    • expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and

  2. Who have invested-or who are actively in the process of investing-in a new commercial enterprise:

    • at least $1,800,000, or

    • at least $900,000 where the investment is being made in a “targeted employment area,” which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area; and

  3. Whose engagement in a new commercial enterprise will benefit the United States economy and:

    • create full-time employment for not fewer than 10 qualified individuals; or

    • maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a “troubled business,” which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

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