EB-5: PERMANENT RESIDENCE PERMIT IN THE USA

What is the EB-5 Green Card in the USA?

It is a special processing modality of Green Card (permanent residence permit in the USA) for those foreign applicants whose intention is to invest in «a new company»

Who can apply for this type of permanent residence in the USA. And what are the requirements to meet?

In order to apply for a Green Card under EB-5 processing, the following subjective and objective requirements should be taken into account:

  • As for the profile of the applicants, it will be that of a foreign investor and their dependents. Including in this sense spouses and unmarried children under 21 years of age. It is important to highlight that it is not an essential requirement that the applicant has previously obtained a visa in the USA.
  • As essential objective requirements to be able to apply for the Green Card EB-5, are:
    • Make an investment in a commercial “new company” in the USA. The amounts for investments today are:
      • Private company at USD 1,050,000
      • Areas considered highly complex and rural areas USD 800,000

Investments by foreign applicants made in bank funds or for the acquisition of real estate will not be taken into account.

  • Plan to create or retain a minimum of 10 permanent, full-time jobs for qualified American workers. Thus accrediting the creation of employment, directly or indirectly, depending on the type of «new company» and the corresponding investment.

 

How can we help you from Feliu N&I?

At Feliu N&I we offer advice and support: full legal, tax and labor throughout the process of processing and obtaining the EB-5 permanent residence permit in the USA, hand in hand with our local collaborators.

Our professionals will help you plan your strategy and analysis of investment possibilities and different applications of the «new company» concept in the USA. All this, within the legal framework and criteria of the competent US authority.

Also, after obtaining your permission, if you need our advice later, Feliu N&I has Relocation services and international tax advice at your disposal, to make both your business and personal project come true in the U.S.A.

If you have any questions, contact us and we will contact you as soon as possible.

CAN YOU CLAIM UNEMPLOYMENT BENEFITS IF YOU WORK IN THE UNITED KINGDOM AND WANT TO RETURN TO SPAIN?

One of the measures that Spain has adopted to facilitate the return of nationals living abroad is the possibility that they can access the same benefits recognized to nationals living in Spain, within a framework of equal rights, recognizing the right to compute in Spain the years contributed in another country.

In order to be able to access the different benefits provided by the Law, such as retirement, disability or unemployment. As regards the latter, it will be sufficient to accredit, together with other requirements, the return to Spain from another country, since this situation in itself is part of the legal causes of unemployment required by the Law.

REQUIREMENTS:

In particular, the Spanish citizen once returned to Spain from the United Kingdom and in the case of not finding an employment activity, may apply for unemployment benefits, provided that he/she meets certain requirements required by Law:

  • To have Spanish nationality;
  • Be in a legal situation of unemployment (for example: dismissal, termination of contract, cessation or simply return from abroad);
  • Be registered as a job seeker, remain registered while receiving the benefit, be available to actively seek employment, comply with the activity commitment;
  • Have paid contributions in Spain for a minimum period of 360 days within the six years prior to the date of emigration, and that these contributions have not been taken into account to access a previous benefit.
  • Not to be receiving another similar benefit in another country;
  • Not to have reached the ordinary age required in each case to access the retirement benefit, unless it is not possible to access it because the required contribution period has not been reached
DURATION AND AMOUNT:

The duration depends on the contributions made within the 6 years prior to the date of emigration, provided that they were not taken into account for a previous benefit.

Table

The daily amount of the unemployment benefit during the first six months is 70% of the regulatory base (calculated according to the occupational contingency bases of the last 180 days of contributions, except for overtime), and 50% from day 181 until the end of the benefit.

WHEN AND WHERE TO PROCESS IT:

It is important to take into account that the registration as a job seeker in the corresponding employment office by domicile, within fifteen working days following the date of return from abroad (it is advisable to provide the return ticket or other document that justifies it).

WHAT CAN WE DO FOR YOU?

If you have any doubts about this, you can contact us and our team specialized in internationalization will advise you and give you more information about applying for unemployment benefits if you have worked in the UK and want to return to Spain..

RESIDENCE AUTHORIZATION FOR RESEARCHERS

THE RESIDENCE AUTHORIZATION FOR RESEARCHERS IS A PERMIT THAT CAN BE APPLIED FOR BY PRIVATE OR PUBLIC COMPANIES WISHING TO HIRE FOREIGNERS FROM OUTSIDE THE EUROPEAN UNION TO CARRY OUT TRAINING OR R&D&I ACTIVITIES IN SPAIN.

At the time of application, the foreigner may be abroad or in Spain legally. If the foreigner is abroad, once the company has obtained the residence authorization, he/she must apply for the corresponding visa at the Spanish Consulate.

Therefore, a foreign researcher whose only or main purpose in Spain is to carry out research projects, within the framework of a hosting agreement signed with a research organization, will be considered to have temporary residence and work for research purposes.

A research organization shall be understood to be any natural or legal person, public or private, with a main or secondary establishment in Spain, which carries out research and technological development activities and has been authorized to sign hosting agreements.

This type of temporary residence and work authorization enables foreigners residing outside Spain who have obtained the corresponding research visa to carry out a research project within the framework of a hosting agreement signed with a research organization that has been authorized for this purpose.

It will not be necessary to obtain a research visa in cases of exercise of the right to mobility by a foreign researcher after having commenced research in another Member State of the European Union. Therefore, any foreign researcher who has been admitted as such in a Member State of the European Union may continue, in Spain, the development of the initial research project there, for a period of up to three months.

What are the advantages of the residence permit for researchers?

The advantages of the residence permit for researchers are as follows:

  • Single authorisation to reside and work valid for the whole national territory, including family members if they meet the age foreseen in the labour regulations.
  • The National Employment Situation does not apply.
  • Freedom of movement within the Schengen states.
  • Fast processing: visas resolved and notified in 10 working days and residence authorisations resolved in 20 days, possibility of carrying out the procedures through a representative.
  • Joint processing for family members.
  • The application for the residence permit will extend the validity of the foreigner’s residence or stay in Spain until the procedure is resolved.
  • Procedure for residence authorisation centralised in the Large Companies and Strategic Groups Unit.

What are the requirements for the residence permit for researchers?

The requirements for obtaining the residence autorization for researchers are as follows:

  • Not to be in Spanish territory illegally.
  • Be over 18 years of age.
  • Not have a criminal record in Spain or in the countries where they have resided during the last five years, for offences under Spanish law.
  • Not to be refused entry in the territorial space of countries with which Spain has signed an agreement to this effect.
  • Have public insurance or private health insurance arranged with an insurance company authorised to operate in Spain.
  • Have sufficient financial resources for themselves and their family members during their period of residence in Spain.
  • Pay the fee for processing the authorisation or visa.
  • Private or public companies wishing to hire foreigners from outside the EU to carry out training or R&D&I activities in Spain may apply for a residence permit for researchers in the following cases:
  1. Research personnel referred to in Article 13 and the first additional provision of Law 14/2011, of 1 June, on Science, Technology and Innovation.
  2. Scientific and technical personnel carrying out scientific research, development and technological innovation work in business entities or R&D&I centres established in Spain.
  3. Researchers hosted within the framework of an agreement by public or private research bodies, under the conditions established by regulations.
  4. Lecturers hired by universities, higher education and research bodies or centres, or business schools established in Spain, in accordance with the criteria established by regulations.

 

Can the authorization be renewed?

Yes, for annual periods if the requirements for the initial concession are accredited, except for the visa requirement. The application period shall be 60 calendar days prior to expiry (and may also be accepted in the 90 days following expiry, without prejudice to the imposition of the corresponding fine).

Who must apply?

The university, business entity, R&D&I centre or research organisation or a duly accredited representative of such entities, such as Feliu N&I.

If you would like more information on how to obtain a residence permit for researchers, our advisors specialised in internationalisation will be happy to analyse your situation in a personalised way so that you can finally travel without restrictions.

Do you want more information? CONTACT US via the application form

Expatriation and Impatriation Area
Author: Sheila Artigas, lawyer at Expatfeliu