美国EB-5投资移民

 

美国职业(技术)移民有EB-1/EB-2/EB-3/EB-4/EB-5共5种方式,不同的方式有不同的优先权。具体如下:

五、EB-5 Immigrant Investor---10个工作岗位+50万美金/100万美金


投资的企业必须是new commercial enterprise(个人居住类的为非商业的),包括独资经营、合伙经营、股份公司、联合经营、公司或商业信托等。

(1)该企业在2年内必须创造或维持至少10个美国全职工作(包括直接或间接的工作)

(2)最低投资为100万美金(General),50万美金(Targeted Employment Area (High Unemployment or Rural Area).)。投资的形式有现金、设备、存货、其他有型资产、现金等价物、非债务资产担保(非合法取得的不能算,借贷的不能算)

  

Note: Investors may only becredited with preserving jobs in a troubled business.

A troubled business is an enterprise that has been in existence for at least two years and hasincurred a net loss during the 12- or 24-month period prior to the prioritydate on the immigrant investor’s Form I-526. The loss for this period must beat least 20 percent of the troubled business’ net worth prior to the loss. Forpurposes of determining whether the troubled business has been in existence fortwo years, successors in interest to the troubled business will be deemed tohave been in existence for the same period of time as the business theysucceeded.

A qualified employee is a  U.S. citizen, permanent resident or other immigrant authorized to work in theUnited States. The individual may be a conditional resident, an asylee, arefugee, or a person residing in the United States under suspension ofdeportation. This definition does not include the immigrant investor; his orher spouse, sons, or daughters; or any foreign national in any nonimmigrantstatus (such as an H-1B visa holder) or who is not authorized to work in theUnited States.

Full-time employment means employment of aqualifying employee by the new commercial enterprise in a position thatrequires a minimum of 35 working hours per week. In the case of the ImmigrantInvestor Pilot Program, "full-time employment" also means employmentof a qualifying employee in a position that has been created indirectly frominvestments associated with the Pilot Program.

A job-sharing arrangement whereby two or more qualifying employees share a full-time position will count asfull-time employment provided the hourly requirement per week is met. Thisdefinition does not include combinations of part-time positions or full-timeequivalents even if, when combined, the positions meet the hourly requirementper week. The position must be permanent, full-time and constant. The twoqualified employees sharing the job must be permanent and share the associatedbenefits normally related to any permanent, full-time position, includingpayment of both workman’s compensation and unemployment premiums for theposition by the employer.

A targeted employment area is an area that, at the time of investment, is a rural area or an areaexperiencing unemployment of at least 150 percent of the national average rate.

A rural area is any areaoutside a metropolitan statistical area (as designated by the Office ofManagement and Budget) or outside the boundary of any city or town having apopulation of 20,000 or more according to the decennial census.

 

相关链接:

http://www.newnewland.com/?/article/id-257/index.html  

https://www.uscis.gov/eb-5  

 

 





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