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.

RESTRICTIONS FOR UNITED STATES AND COVID-19: LIFTING OF ENTRY MEASURES FOR BANNED COUNTRIES

THE CLEAR IMPROVEMENT IN EPIDEMIOLOGICAL DATA HAS LED TO A RELAXATION OF ENTRY MEASURES FOR MANY COUNTRIES. THE MOST NOTABLE OF THESE IS UNDOUBTEDLY THE OPENING OF BORDERS AND THE CHANGE IN RESTRICTIONS FOR THE UNITED STATES.

On October 25, the United States Government issued a new Presidential Proclamation rescinding existing U.S. travel restrictions stemming from the COVID-19 pandemic, finally ending travel limitations under Presidential Proclamations (PP) 9984, 9992, 10143 and 10199.

In today’s blog post we will detail what are the new measures adopted by the United States and what we should take into account from now on to move to this country.

You can find more details regarding President Biden’s COVID-19 Action Plan at the following link: https://www.whitehouse.gov/es/plandelcovid/ 

What restrictions for the United States currently affect entry into the country?

Since the beginning of the pandemic (and to this day) there has been a ban on entry into the United States of foreigners who have been in any country of the Schengen Area (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, SPAIN, Sweden and Switzerland) in the previous 14 days.

The same restriction affected travelers who had been to China, Iran, United Kingdom, Ireland, Brazil and South Africa.

However, the same proclamation included a series of exemptions for which a National Interest Exception could be requested, an authorization that was requested from the U.S. Embassy in Madrid and which was granted for those cases in which the applicant was traveling for the performance of an essential, urgent, necessary and non-extendable service that, if not provided, would cause serious economic damage to the U.S. market.

In addition to the urgent and non-extendable nature of the assignment, the service for which the worker was traveling had to fall within one of the 16 critical infrastructure sectors identified by CISA (https://www.cisa.gov/critical-infrastructure-sectors), such as healthcare, food or commercial infrastructure.

It should be noted that regardless of the origin of the passengers wishing to enter the United States, they were also required to travel with a negative PCR test performed no more than 72 hours before the flight.

Open borders: at what point do restrictions end for the United States?

The new regulations are clear in this regard, the cancellation of the existing measures and the entry into force of the new ones will take place as of November 8, 2021 at 12:01 AM EST.

Thus, it is very important to note that any entry into the United States prior to this date will continue to be governed by the COVID19 restrictions imposed until now; therefore, if traveling from any of the Schengen area countries, a National Interest Exception will continue to be required to enter the country.

What are the new U.S. restrictions applicable?

Faced with this «new normal», the U.S. Government has opted to replace the existing limitations with the requirement of vaccination against COVID19 for all foreigners wishing to enter the United States by air.

Thus, as of November 8, all non-immigrant travelers and non-citizens of the United States traveling to the country by air must comply with the guidelines established by the Centers for Disease Control and Prevention (better known by the American acronym CDC); The CDC has decreed that: all foreign travelers must have a complete vaccination schedule, providing as proof of this valid vaccination certificate before boarding the plane.

In addition to the vaccination certificate, they must show a negative COVID19 test performed no more than 3 days before departure, being valid both PCR and antigen test.

Are all vaccinations valid?

As for the vaccines accepted by the government with respect to the restrictions for the United States, not all of them are valid at the moment. Among those accepted are: Pfizer, Moderna, Johnson & Jhonson and AztraZeneca, all of which are also approved by the WHO and used for vaccinations in all European Union countries.

Are there any exceptions to mandatory vaccination?

Although few in number, the Presidential Proclamation provides for a number of circumstances in which any foreign person traveling to the United States may do so even if he or she does not have a complete vaccination regimen:

  • Those under 18 years of age
  • Those who by medical prescription cannot receive the vaccine.
  • Emergency travelers who do not have access to the vaccine in their countries of origin; in this sense, the CDC has established a list of those countries where access to the vaccine is considered limited/restricted. It is worth mentioning that no country of the European Union is included in this list.

If you still have any doubts, please leave us your details and our team specialized in internationalization will contact you to give you more information about the restrictions on entering the United States applicable to each specific case.

Expatriation and Impatriation Area

Author: Melissa Kuhlmann, Lawer at Expatfeliu

TRAVEL TO THE USA AFTER 8TH OF NOVEMBRE OF 2021

THE WHITE HOUSE ANNOUNCED ON 15 NOVEMBER THAT AS OF 8 NOVEMBER, VACCINATED AND PCR-NEGATIVE TRAVELLERS WILL BE ABLE TO TRAVEL TO THE USA

"The new EEUU travel policy requiring vaccinations for foreign travellers to the United States will begin on November 8. This announcement and date applies to both international air and ground travellers," White House spokesman Kevin Munoz said on Friday 15/10/2021 in a message on his official Twitter account.

These travel restrictions, initially implemented by expresident Donald Trump (2017-2021), had been in place since the start of the COVID-19 pandemic in 2020 and had been in place until the current President, Joe Biden, became President in January this year.

In today’s blog post we cover the new mobility restrictions for travel to the USA from November.

What requirements are necessary to travel to the USA?

As announced by the White House spokesperson on Friday 15 November, as of 8 November, citizens of the European Union, the Schengen area, the United Kingdom, Ireland, Brazil, China, Iran, South Africa and India can now travel to the USA under the following conditions:

  • Full course of vaccination against COVID-19 and diagnostic test for disease (negative PCR test) before taking flight to the USA

However, the requirements are not the same for USA travellers as for international travellers.

International travellers, in addition to having a full COVID-19 vaccination schedule and a diagnostic test for disease, i.e. having a PCR test prior to travel to the US, should be aware of these requirements:

  • International travellers may have to present a negative PCR test for return to their country of origin, if required.
  • In addition, airlines are allowed to issue contact tracing orders to prevent outbreaks during travel. During the flight, the traveller will be asked for the contact telephone number, email address and hotel or place of stay.

What are the requirements for USA citizens?

USA citizens who do not have a full vaccination schedule, before returning to their country, must prove a negative PCR test just before leaving the United States and another upon arrival. They must also undergo a mandatory quarantine.

If they have the full vaccination schedule, they must follow the same indications as above but are exempt from the respective quarantine days.

What vaccines does the USA accept for entry into the country?

Although the United States has opened its borders to citizens, whether for business or tourism, not all vaccines are permitted for travel to the United States.

The vaccines accepted by the USA and those on the World Health Organisation’s emergency use list are as follows:

  • Pfiser/BioNtech – approved for emergency use by WHO by 31 December 2020
  • AstraZe4neca (from AstraZeneca/Ofxord) – approved for emergency use on 16 February 2021
  • Janssen (of Johnson & Johnson) – approved on 12 March 2021
  • Modern – approved on 30 April 2021
  • Sinopharm – approved on 7 May 2021
  • Sinovac-Coronavac – approved on 1 June 2021

In addition to the full vaccination schedule, what documentation is required for entry into the USA?

However, having a complete vaccination and a negative PCR test before boarding the plane is not enough for the USA to let you enter in USA territory

Here have got a list of all documentation that you need to travel to the USA:

  • Passport: must not have an expiry date inferior a 6 mounth before of travel
  • If you are not an EU citizen, you will need to apply for a visa: at expatfeliu we can help you with your visa application and the preparation of the documentation.
  • If you are an EU citizen, and depending on the reason for your trip, you may be exempt from applying for a visa but you will need to apply for an ESTA: Expatfeliu can help you with the ESTA application for your trip to the USA.

Expatfeliu can help you to apply for all the documentation you need to travel to the USA.

If you want more information about our services, you can leave us your contact details in our application form or, if you wish, you can send us an email to comunicación@feliu.biz and our advisors specialised in foreigners will contact you as soon as possible.

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