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Saturday, October 12, 2013

Immigrant Investor Program To USA

USCIS administers the Immigrant Investor Program, also known as “EB-5,” created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since, certain EB-5 visas also are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise:

Established after Nov. 29, 1990, or
Established on or before Nov. 29, 1990, that is:
1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs
Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:

A sole proprietorship
Partnership (whether limited or general)
Holding company
Joint venture
Business trust or other entity, which may be publicly or privately owned
This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.

Note: This definition does not include noncommercial activity such as owning and operating a personal residence.

Job Creation Requirements
Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
Create or preserve either direct or indirect jobs:
Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.
Note: Investors may only be credited with preserving jobs in a troubled business.

A troubled business is an enterprise that has been in existence for at least two years and has incurred a net loss during the 12- or 24-month period prior to the priority date on the immigrant investor’s Form I-526. The loss for this period must be at least 20 percent of the troubled business’ net worth prior to the loss. For purposes of determining whether the troubled business has been in existence for two years, successors in interest to the troubled business will be deemed to have been in existence for the same period of time as the business they succeeded.

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

Full-time employment means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week. In the case of the Immigrant Investor Pilot Program, "full-time employment" also means employment of a qualifying employee in a position that has been created indirectly from investments associated with the Pilot Program.

A job-sharing arrangement whereby two or more qualifying employees share a full-time position will count as full-time employment provided the hourly requirement per week is met. This definition does not include combinations of part-time positions or full-time equivalents even if, when combined, the positions meet the hourly requirement per week. The position must be permanent, full-time and constant. The two qualified employees sharing the job must be permanent and share the associated benefits normally related to any permanent, full-time position, including payment of both workman’s compensation and unemployment premiums for the position by the employer.

Capital Investment Requirements
Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital shall be valued at fair-market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) shall not be considered capital for the purposes of section 203(b)(5) of the Act.

Note: Investment capital cannot be borrowed.

Required minimum investments are:

General. The minimum qualifying investment in the United States is $1 million.
Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.
A targeted employment area is an area that, at the time of investment, is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate.

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

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Special Immigrant Visa Program for Iraqi Nationals Who Worked For or On Behalf Of the U.S. Government Extended

U.S. Citizenship and Immigration Services (USCIS) announces that Congress passed a bill extending the Special Immigrant Visa (SIV) program for Iraqi nationals who worked for or on behalf of the U.S. government, which the President signed into law on Oct. 4, 2013.

This program covers Iraqi nationals who—during the period between March 20, 2003 and Sept. 30, 2013—were employed by or on behalf of the U.S. government in Iraq for a period of at least one year. It was created by section 1244 of Public Law 110-181, as amended by Public Law 110-242.  The program had expired with respect to principal applicants on Sept. 30, 2013, but has now been extended.

The extension permits USCIS to approve petitions or applications for visas or adjustment of status to lawful permanent resident in any Iraqi SIV case under section 1244 that were pending with USCIS or with the Department of State (DOS) when the program expired on Sept. 30, 2013. USCIS may also approve an additional 2,000 cases as long as the initial applications to the DOS Chief of Mission in Iraq are made by Dec. 31, 2013.

The authority to grant derivative SIV status to spouses and children of principal Iraqi SIVs did not sunset on Sept. 30, 2013, and is not numerically capped.

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Immigration To USA - DV Lottery

Application for green card lottery is closed for now Keep visiting our site and we will inform you about the time and how to applying to the green card lottery .

Applicants must have either a high school education or its equivalent, defined in the U.S. as successful completion of a 12-year course of elementary and secondary education; or two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. U.S. Department of Labor definitions, as indicated in the O*Net OnLine database, will apply.

For DV-2006, natives of the following countries are not eligible to apply because they sent a total of more than 50,000 immigrants to the U.S. in the previous five years:

CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, RUSSIA, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.

What is the green card lottery program?
The United States government allows a lottery of 55,000 visas using a law that was passed by Congress. The lottery is conducted by random computer retrieval submissions made to a dedicated website of the program operated by the USA State Department.

How long does it take to fill out the entry application?
The entire process takes five to ten minutes.

Are there minimum requirements to participate?
Yes. The participant must be a native of a country that appears on the list of qualifying countries and must meet the minimum requirements concerning education/occupational training or employment status.

If I do not meet the minimum requirements, should I participate in the lottery?
No. If you do not meet the minimum requirements, do not enter the lottery.

How many applications should I complete?
The state department has changed the rule of submission. You are no longer required to submit forms. The usafis Organization enables you to send in your photos to be scanned or upload photos from your computer. There is no need to send an application unless you do not have a scanner or require the Usafis Organization to scan the photos for you.

What happens if I live in a different country than the one I was born in?
No problem. The automatic application process will ascertain that in such cases your application will be submitted correctly and not be disqualified.

What can I do if I was born in a country that does not appear on the list of qualifying countries?
In such a case, you can participate by presenting a country of a different citizenship than the one you were born in. This is possible if your spouse or one of your parents was born in a country that appears on the list of qualifying countries.

Can I pay more to increase the chances of winning?
No. All the participants in the lottery have an equal opportunity. The winners are chosen at random by computer program.

How do I know if I won?
All winners will be informed by mail. The notice will be sent to the same address filled out on the application. Participants who do not win will not be notified. U. S. embassies and consulates will not be able to provide a list of winners.

Are there additional fees?
There is no extra charge for participating in the American green card lottery, aside from the fee for using the on-line processing system.

What information must I provide to enter the lottery?
The required information for participating in the lottery includes your place and date of birth, gender, as well as that of your spouse and that of all your unmarried children under the age of 21. Similarly, your mailing address, a recent photo of all your family members. Failure to provide any of these particulars will lead to the disqualification of your application.

How can I be sure that all the information required was inputed?
The online system will not facilitate completing entry and participation of a candidate who did not complete required details.

What family members should be included in the application?
You must register your spouse and all your unmarried children under the age of 21. You must register your spouse even if you are living apart. However, if you are divorced you do not have to register your spouse. It is compulsory to register all unmarried children under the age of 21, including adopted children, children of a spouse, and children from a previous marriage, even if these children are not currently living with you, and even if you do not intend to immigrate with them to the United States should you win the lottery.

Can a husband and wife file an application separately?
Yes, absolutely. If one meets the requirements, both can submit a separate application. If one of the couple will be drawn in the lottery, the other spouse will be eligible for a green card.

If I have won, do I have to emigrate with my family?
No. The fact that you included the names of family members on the application does not obligate them to emigrate with you. They can choose whether or not to join you. On the other hand, if you include on the visa request form (after winning the lottery) a family member who does not appear on the lottery application, your eligibility will be disqualified. However, the addition of other family members (brothers, sisters, a child over the age of 21, etc.) will not disqualify you from the lottery, but will not grant them the right for a visa.

What is the minimum age to participate?
There is no minimum age, but there is the requirement to complete high school or to have work experience, and as such, the program is designated for 18 year olds and up.

What happens to my spouse and the children?
If you win these family members can join you in filing a request for a visa based on your winning.

Does participation using the on-line system ensure winning or increase the chances of winning?
No. The service and the online system designed to assist you in preparing the application, helping people with no scanner to scan their photos, ensures that the application is submitted online to the dedicated state department website at the submission period and more. the use of the Usafis Organization services are to be used at your discretion. The service confirms that you meet the minimum requirements; that the information on the application is complete.The objective of the service is to reduce the number of disqualified applications (in previous program, 3 million forms were disqualified out of 10 million forms that were sent, due to format and details errors) You must remember that this year the State Department has changed the rule and only online submissions will be made possible in a dedicated State Department website - no offline forms and/or applications are required.

* Apply for Immigration To USA , So please login to Official Link >
Instructions about applying for green card lottery ( the source is )

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