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EB5 Investment Applications Continue to Grow While the Immigration Department has not Provided any Specific Guidance in Latest Memo
The Immigration Department representatives that spoke at the September stakeholder’s meeting provided those with interest in the EB5 program with little regulation guidance. Instead, The Immigration Department has continued to provide investors, practitioners and Investment Regional Centers with mere memos and letters
Los Angeles, CA (PRWEB) October 12, 2010
Stephen Colbert's testimony to Congress on September 25, 2010 dramatized with a sarcastic style a fundamental point about reform and codification of visas available to foreign farm workers. The points made are far reaching and certainly are relevant to even the large investment areas of I immigration. As with the agricultural visa, The EB-5 investment visas have little defined and codified regulations.
On the other end of the Visa scale are the EB5 (
http://darrensilver.com/eb5_investment_greencard4.aspx) investment visas.
The EB-5 visa, as a brief history, the Federal Government created the EB-5 Visa in 1991 so as to encourage foreigners to invest in the U.S. The program required an investor to invest $1million or $500,000 in certain locations into a business in the USA that would create 10 full time jobs paying at least the minimum wage. Once done, the investor and his or her family would be entitled permanent residence in the USA, "Green Card." In 1993, the predecessor to the USCIS provided to potential immigrants a second option within the EB5 program, entitled the Regional Center (
http://darrensilver.com/eb5_investment_greencard4.aspx) Pilot Program. In this new configuration of EB-5, the investor would invest into a pre-existing fund, or Management Company or Business as approved by the U.S. government. These Regional Centers are typically diversified funds or private Business development projects that allow for an investor to infuse a set investment and in return acquire a small ownership interest. The Regional Centers must utilize this foreign infused investment to create 10 U.S direct or indirect jobs.
In 2004, the program was reorganized to allow for many levels of protection for the investors. The program was classified as a "pilot" program and has been extend by Congress continuously every 3 years.
The numbers of approved Immigrant Petitions under the EB-5 Visa (
http://darrensilver.com/eb5_investment_greencard4.aspx) program have been consistent over the last year, ranging from 400 to 600 applications annually. However, 2009 saw a dramatic increase in EB-5 petitions. Specifically, in 2007, the U.S. Citizen and Immigration Services (USCIS) approved 473 petitions for foreign investors. That figure rose to 640 in 2008, and jumped to 1,256 in 2009.
Since October 2006, U.S. companies have raised more than $1 billion and have created over 20,000 jobs (directly and indirectly) through EB-5. The number of Certified Regional Centers has risen steadily from 27 in 2008 to 80 in 2009 and it is predicted that the number will well surpass 100 by the December 2010.
As with the Agricultural visas and farm workers issues that have been discussed by comedian Stephen Colbert, the EB-5 program can benefit greatly from specific guidance from Congress. Issues abound such as where an investor's business vehicle or Regional Center produces a material change, job creation methodology shifts, Target employment locations are no longer targeted and many others.
Mr. Darren Silver, a prominent Immigration Lawyer in the field, whose Firm Darren Silver and Associates (
http://www.darrensilver.com) specializes in EB-5/Regional Center Immigration believes that Congress will need to intervene before these issues can be properly addressed.
http://www.prweb.com/releases/2010/10/prweb4570494.htm
<H1>Change in start-up visa law sure way to lure investment
Proposed reforms by US lawmakers may help in the creation of more jobs, but could also be entangled in immigration politics. Photo/REUTERS
By Gwen Moran (
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Posted Monday, October 18 2010 at 00:00
A push to raise awareness and change policy on a new visa that will let foreign entrepreneurs set up shop in the US if they invest has gained momentum.
The EB-5 visa, which permits foreign nationals who invest at least $1 million into a US start-up or existing business and create 10 jobs, or which invest $500,000 in capital investment and create five jobs in economically disadvantaged areas, to obtain permanent resident status, commonly known as a green card was recently muted by the US Congress.
Last December, representative Jared Polis introduced the Employment Benefit Act (HR 4259), which included reform of the EB-5.
In February, senators John Kerry and Richard G Lugar introduced the Start-up Visa Act of 2010 (S 3029), which focuses on EB-5 reform, reallocating a portion of the 10,000 visas allowed annually under the EB-5 category and creating a new EB-6 category for immigrant entrepreneurs.
While some of the details of the bills are different, the meat is largely the same: it amends current immigration law, lowering the investment threshold to $250,000 in equity funding from qualified super-angel investors or venture capital firms.
Records from the Department of State, show that only 692 EB-5 visas were issued last year.
Qualified super-angel investors need to meet certain Securities and Exchange Commission (SEC) criteria to be an “accredited investor”.
In addition, the angel investor has to be a US citizen and have made at least two equity investments in the past three years of not less than $50,000 each.
Qualified venture capitalists must be US-based VC firms in business for at least two years, and whose partners are primarily US citizens.
The firm must have made at least two investments of not less than $500,000 within the past two years.
At the end of two years, those immigrant entrepreneurs who employ at least five full-time employees or who have either raised $1 million in new capital or earned $1 million in revenue will be given green cards.
It could be next year by the time the bill sees real action in Congress, but it is already spurring plenty of discussion both on and off Capitol Hill.
Attorney Angelo Paparelli, a partner in the immigration practice of law firm Seyfarth Shaw LLP’s Los Angeles office, says the proposed changes would make it possible for entrepreneurs to start business under this provision and qualify for citizenship.
Traditionally, he says, the EB-5 has benefitted entrepreneurs starting retail, hospitality, and commercial construction enterprises.
Sectors like technology typically run lean and “don’t employ 10 or more employees in the start-up phase,” he says.
Paparelli also likes that the Start-up Visa Act requires investors who have a track record and licensure with the SEC.
This may encourage immigration officials, who may not be fully versed in business theory and may reject business proposals they don’t understand, to be more lenient in their approvals.
Powerful investors
While more than 160 venture capitalists have rallied behind the Kerry-Lugar bill, which Feld and his colleagues helped shape, there is also some opposition to the reforms.
A piece published on
BusinessInsider.com in March by Paris-based entrepreneur Pascal-Emmanuel Gobry entitled “
The Start-up Visa Act Must Be Stopped” was widely circulated, and criticised the bill as putting too much power in the hands of investors, while saddling entrepreneurs with too much risk ― not only would their livelihood be at stake should the business fail, but also their residency status.
Nothing much is likely to happen with either bill before the mid-term elections.
But most who tout this bill emphasise the job-creation aspect rather than the political hot potato of immigration reform.
Ms Moran is the is co-author of ‘The Complete Idiot’s Guide to Business Plans’.
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