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Integrity Legal

Posts Tagged ‘Immigrant Investment Visa’

14th December 2010

Since recent economic developments have caused turmoil in the American economy, it is this blogger’s opinion that few are willing to look at the positive aspects of the United States economy. As a business platform the United States of America is still one of the best countries to host businesses conducting trade, providing services, or conducting manufacturing. To quote directly from another website, locationusa.com, which discusses issues surrounding the United States economy at length:

U.S. affiliates of foreign companies employ more than five million U.S. workers and support millions more indirectly. There is no question that investing in the United States brings with it many advantages. With a population of more than 300 million and the largest economy in the world, the United States is the most important market for any global company. The American work force ranks as one of the best educated, most productive, and most innovative in the world. As a place to do business, the United States offers a predictable and transparent legal system, outstanding infrastructure, and access to the world’s most lucrative consumer market.

Although it may seem counter-intuitive at first blush, legal immigration has a tremendous positive impact upon local economies. This is especially true where immigrants are investing in the United States economy or setting up a business in the USA. One of the primary ways in which immigrants can be beneficial to the USA is through foreign direct investment. Any money invested in the United States could be viewed as a net positive if one were looking at global competition for foreign direct investment as a “zero sum” game. Furthermore, investment in the USA creates jobs. As stated above, the United States labor market is one of the most sophisticated and efficient on the planet. This is one of the many reasons why foreign companies set up offices in the United States as American Citizens and Lawful Permanent Residents are some of the best educated and best equipped to handle complex and difficult tasks. Also, the infrastructure of the United States is ranked high compared to other nations around the globe. In short, the United States of America is an optimal location to engage in business activity aimed at attracting customers from both the USA, which has a very dynamic consumer market, and the world at large.

The EB-5 Immigrant Investor visa is a very useful travel document for those who wish to both invest and work in the United States. This visa is a highly sought after travel document since it provides the bearer with lawful permanent residence upon lawful admission to the USA at a Port of Entry. Those interested in obtaining an EB-5 Visa should conduct research and take note of the fact that Immigrant Investors wishing to enjoy an EB5 visa should be willing to invest a minimum of five hundred thousand (500,000) United States dollars. Those seeking to invest in an “un-targeted” EB-5 program should note that such an investment must generally be at least one million (1,000,000) US dollars.

Those who wish to invest in a small business in the United States may find the the US E-2 visa beneficial as this travel document may be used to travel to the USA to oversee an enterprise located stateside. It should be noted that the E-2 is a non-immigrant visa and therefore, those wishing to immigrate to the USA to reside may not be well served by an E-2 visa.

For related information please see: EB-5 Visa China or EB-5 Visa Thailand.

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11th November 2010

In recent weeks there has been a great deal of discussion in the international media about the United States Federal Reserve’s “quantitative easing” of the American monetary system. Many leaders in Asia are apprehensive that the United States’ policy will result in a relative appreciation of local currencies against the dollar which for export-based nations has been a critical component of economic stability. To quote a recent article on PBS.org:

President Obama landed in Seoul, South Korea today for the Group of 20 Summit, where he will meet with leaders of the world’s most powerful economies to address issues facing the global economy…The G20 Summit is in some ways reminiscent of South Korea’s hosting of the 1988 summer Olympics, seen as an arrival of sorts on the world stage, and the 2002 World Cup, which South Korea co-hosted.

Many feel that one of the most important issues to be discussed at the G20 summit will be the recent currency fluctuations resulting from the American announcement of quantitative easing which is likely to result in capital inflows to Asian economies such as Indonesia. To quote the Voice of America website:

Uwe Parpart is the chief Asia economist and strategist in Hong Kong for the U.S. securities dealer Cantor Fitzgerald…”There are serious concerns that when the U.S. floods the world with dollars that find their way into equities, into stocks in Asia, whether in Hong Kong, in Thailand or Indonesia, the effect of that on the local economies can be quite difficult to cope with,”

Although seemingly counter-intuitive to some, the inflow of so-called “hot money” into an economy can sometimes have a negative impact upon traditional import/export relationships and also create bubbles in an economy which could ultimately prove harmful. Inflows of capital can also be beneficial. In the case of Indonesia, one upside of relative appreciation of Indonesian currency compared to the United States dollar is the fact that investors hoping to benefit from the EB-5 immigrant investor program can obtain benefits at a comparatively lower overall cost in real terms since the dollar has weakened compared to other currencies. This is no less true in the case of Indonesia as a weakening dollar can cause an appreciation of the Indonesian Rupiah. In the event that this occurs, a prospective Indonesian Immigrant Investor wishing to both invest in the United States and also accrue the benefit of United States Lawful Permanent Residence (Green Card status) would be doubly fortunate when the dollar is weak as such an investment can be made more “cheaply” in terms of local currency.

Those Indonesian nationals interested in obtaining an EB-5 Visa should note that an investment of at least 500,000 United States dollars (at a minimum) must be made in order to be eligible for EB5 visa benefits. Furthermore, those seeking such a visa must also meet the eligibility requirements as set forth under relevant United States law. Those interested in immigrating to the USA as immigrant investors are well advised to contact a licensed American attorney in order to gain insight into the EB5 visa process and make informed decisions regarding immigration options.

Some are under the mistaken impression that the EB-5 visa program is a Citizenship-by-Investment program. In fact, this is not the case as an EB-5 visa merely grants the visa holder the right to reside in the United States as a Permanent Resident. That said, should an EB-5 investor, Indonesian or otherwise, remain in the USA for a statutorily prescribed period and meet other eligibility requirements, then such an individual may be eligible to naturalize to United States Citizenship. For this reason, some refer to the EB-5 program as a “path to citizenship” by investment.

For further information please see: EB-5 Visa Indonesia.

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9th November 2010

Since the topic of American Investment visas was first broached on this blog, this author has received some questions regarding the way in which United States Investment Visas actually operate in the real world. One of the most frequently asked questions pertaining to EB-5 visas is: “Can I get US Citizenship by investing in the United States?” The answer to that question is somewhat nuanced and it requires one to have a rather in-depth understanding of the EB-5 Immigrant Investor visa and the process for obtaining this type of travel document.

There are some countries around the world which have programs whereby investors can obtain virtually instantaneous citizenship simply by investing capital into the economy of the country issuing the nationality documents. In the United States, there is no program that operates this way. However, the EB-5 visa does grant the visa holder lawful permanent residence in the USA. This is a substantial benefit and should not be taken for granted as Lawful Permanent Residence is a highly sought after status that allows the Permanent Resident to permanently reside and work in the United States. Many often refer to Lawful Permanent Residence as “Green Card” status. That said, Lawful Permanent Residence is not American Citizenship. Those in the USA in Green Card status are not permitted to vote in elections, run for political office, and such individuals also cannot obtain a US passport. Although, those in Lawful Permanent Resident (LPR) status may be eligible to obtain a US reentry permit which allows the bearer to leave the United States for as long as two years without raising the presumption of residential abandonment.

Although there is no “citizenship by investment” program in the USA, the EB-5 visa could be the first step in the United States Naturalization process. For example, if an immigrant investor is granted an EB-5 visa and enters the United States, then that individual would be granted permanent residence upon lawful admission. After residing in the United States for a statutorily prescribed period of time, and assuming all other criteria are met, it may be possible for an EB-5 visa holder to apply for naturalization. Naturalization is the process whereby a foreign national becomes a United States Citizen. The process can be somewhat cumbersome and for those unaccustomed to dealing with immigration matters it may seem complex and frustrating at times, but upon approval of a petition for naturalization an EB-5 Immigrant Investor could theoretically obtain United States Citizenship.

Even though the United States does not offer a direct “Citizenship by Investment” program, one could argue that the US offers a “Path to Citizenship” by Investment program in the form of the EB-5 visa which places holders of said visa on track to possible American Citizenship should all other criteria be adhered to and the physical presence requirement be met.

For related information please see: EB-5 Visa Thailand, EB-5 Visa China, or EB-5 Visa Taiwan.

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