The EB-5 Investor Visa Program, or the Employment-Based Fifth Preference Visa Program, holds immense significance for Peruvian investors, providing a direct route to a Green Card and permanent US residency.

This program benefits investors by granting access to the American market and business opportunities while boosting the US economy through job creation.

Eligibility Criteria for Peruvian Investors (EB-5 Investor Visa)

• Investment Capital Requirement: Peruvian investors must invest at least $800,000 in a new commercial enterprise located in a TEA (an area with 150% of the national unemployment average) or a rural area. In non-TEA areas, the minimum investment is $1,050,000.

• Establishment of a New Commercial Enterprise: Investors are required to establish or invest in a new commercial enterprise. This can include starting a new business or investing in a troubled business that has experienced a net loss of at least 20% over the past two years.

• Lawful Source of Funds: One of the critical aspects of the EB-5 Investor Visa Program is ensuring that the invested funds have been lawfully obtained. USCIS requires investors to demonstrate the lawful source of the investment capital. This requirement serves several purposes:
  • Preventing Fraud and Money Laundering: Verifying the lawful source of funds helps prevent fraudulent activities and ensures that the EB-5 Investor Visa Program is not exploited for money laundering or other illegal purposes.
  • Compliance with U.S. Immigration Laws: Adhering to lawful source of funds requirements ensures that the investor and the investment enterprise are in compliance with US immigration laws.
  • Enhancing Program Integrity: By scrutinizing the source of funds, USCIS maintains the integrity of the EB-5 Program and protects the interests of both investors and the US economy.

Understanding the Investment Options For EB-5 Investor Visa

• Direct EB-5 Investment: Direct investment involves investing directly in a new commercial enterprise or an existing business in the United States. This option allows Peruvian investors to have more control over their investment and business operations. By choosing this route, investors become actively involved in managing their enterprise, thereby gaining hands-on experience in their US venture.
  • Greater control: Investors have the authority to make key decisions that can directly influence the success of their business.
  • Flexibility: Direct investment allows for a more diverse range of business types and industries.
  • No EB-5 Regional Center Reliance: Investors are not dependent on Regional Centers, which might provide a sense of autonomy.

• EB-5 Regional Center Investment: A Regional Center investment involves investing in projects managed by designated Regional Centers, which are government-approved entities focused on promoting economic growth in specific geographic areas. This option offers a more hands-off approach, as the Regional Center is responsible for managing and ensuring compliance with the EB-5 Investor Visa Program’s federal regulatory requirements.
  • Passive Investment: Investors can take a more hands-off role, allowing the Regional Center to manage the project.
  • Reduced Involvement: Investors are not directly responsible for day-to-day business operations.
  • Job Creation Flexibility: Regional Centers often rely on indirect and induced job creation, making it easier to meet job creation requirements.

EB-5 Investor Visa Regional Centers and Their Role

• Investment Facilitation: EB-5 Regional Centers identify and manage a range of projects that meet the requirements for the EB-5 Program. As a Peruvian investor, this means you don’t have to start a business from scratch but can invest in pre-approved ventures.

• Passive Investment Option: Investing through an EB-5 Regional Center allows Peruvian investors to have a more passive role in the project, meaning they are not directly responsible for day-to-day management or operations.

• Regional Center Expertise: These centers typically have experienced professionals who understand the complexities of the EB-5 Investor Visa Program, guiding Peruvian investors through the entire process.

Advantages of Investing through EB-5 Regional Centers for Peruvian Investors

• Reduced Management Burden: Peruvian investors can entrust the day-to-day responsibilities of the project to the Regional Center, freeing up their time for other personal or business pursuits.

• Job Creation Multiplier Effect: Regional Centers aggregate funds from multiple investors to support larger projects, leading to a more significant impact on job creation and fulfilling the EB-5 Investor Visa Program requirements.

• Investment Diversification: By investing in a Regional Center project, Peruvian investors can diversify their portfolio across various industries and regions within the U.S.

EB-5 Investor Visa Application Process

• Eligibility Check: The first step is to ensure that Peruvian investors meet the EB-5 Program eligibility criteria, which includes making a qualifying investment and demonstrating the lawful source of funds.

• Selecting a Regional Center and Project: Investors must research and choose an approved EB-5 Regional Center and the investment project that aligns with their investment goals.

• Investment and Escrow: Once the project is selected, the investor places the required investment amount into an escrow account to secure the investment. This step occurs after the investor’s I-526 Petition is approved.

• File Form I-526: Peruvian investors must file Form I-526, Immigrant Petition by Alien Investor, with the USCIS. This petition demonstrates the investor’s eligibility and outlines the investment plan.

Conclusion

The EB-5 Investor Visa Program offers Peruvian investors a path to permanent US residency while contributing to the American economy. Investing through Regional Centers streamlines the process and provides benefits like reduced management responsibilities, job creation, and portfolio diversification. Understanding the application process is crucial for success, requiring thorough research and professional guidance for aspiring Peruvian immigrants.

Explore the potential of the EB-5 Program and seize the opportunity to invest in the United States today, unlocking a world of possibilities for you and your family. For additional information and to schedule a complimentary consultation, contact us at [email protected].