Have Legal Questions? Ask a Lawyer Now.
Hi, Thank you for your question. In order from them to move to the US and open up their own clinic, they would need to apply for an EB5 Visa or a Family Based Visa.
EB5 visas are investor visas, available for qualified individuals seeking permanent residence on the basis of starting a business in the US, or investing a certain amount of money in a pre-approved investment fund.
The EB5 “regional centre” visa requires investment in a fund, approved by USCIS, that manages businesses creating jobs in rural or high unemployment areas. The investor must invest at least US$500,000 in the regional centre, which must directly or indirectly create 10 U.S. jobs per investor.
The investor must be able to provide evidence showing that his or her investment capital was obtained lawfully.
EB5 visas are initially granted on a conditional basis. Once the investor can prove that the required funds were invested and continuously maintained for 2 years, and that the resulting enterprise created directly or indirectly 10 full-time jobs, the conditional nature of the green card will be removed.
We note that the EB5 regional centre visa category is a pilot programme and must be re-authorised periodically by the US government. The current authorisation is due to expire on 30 September 2012. The programme enjoys wide support and is likely to be re-authorised or made permanent.
EB5 visas are also available to investors who have invested, or are actively in the process of investing, US$1,000,000 into a new commercial enterprise that they will manage. A US$500,000 investment is possible, but the investor must prove that the business is located in a “targeted employment area,” meaning an area with unemployment at least 150% of the national average rate.
The new commercial enterprise may involve one of the following:
- Creation of a new business altogether;
- Purchasing an existing business and restructuring or reorganising the business in a way that results in a new commercial enterprise;
- Expansion of an existing business by 140% of the number of jobs or net worth; or
- Retaining all existing jobs in a troubled business that has lost 20% of its net worth over the past 12-24 months. This business must have been in existence for at least 2 years.
Applicants must also evidence that this investment will benefit the US economy and either create full-time employment for no less than 10 employees, or in the case of taking on a troubled business, maintain the number of existing employees for at least 2 years. The investor must be engaged in the management of the new commercial enterprise, either through the exercise of day-to-day managerial control or through policy formulation, as opposed to maintaining a purely passive role in regard to the investment. Like the EB5 regional centre visa, this type of EB5 visa is granted conditionally for 2 years.
Spouses and children (under 21) may accompany successful EB5 applicants.
The US gives immigrant visas to certain family members of its citizens and lawful permanent residents.
A US citizen can sponsor the following relatives for a permanent resident visa: - Husband or wife
- A son or daughter of any age, regardless of the son’s or daughter’s marital status
- Brother or sister, if the sponsor is at least 21 years old
- Parent, if the sponsor is at least 21 years old
A US lawful permanent resident may sponsor the following relatives:
-Husband or wife
- Unmarried son or daughter of any age
Your relative in the US begins the immigration process by filing a petition for you with USCIS.
Certain “immediate relatives” can get a visa without being put on a waiting list. These are (1) a spouse of a US citizen; (2) an unmarried child (under 21) of a US citizen; (3) an orphan adopted abroad by a US citizen; (4) an orphan to be adopted in the US by a US citizen; and (5) a parent of a US citizen, if the citizen is at least 21 years old.
For all other qualifying relationships, the US limits the number of family-based visas it issues each year. It gives first preference to unmarried sons and daughters (over 21) of citizens, second preference to spouses, children (under 21), and unmarried sons and daughters (over 21) of permanent residents, third preference to married sons and daughters of citizens, and fourth preference to brothers and sisters of adult citizens. There are limits on the number of visas that can be given to persons from any one country as well.
Please let me know if you need further information. Please also consider rating my answer positively so that I am compensated by the website for my work on your question. Best Regards, ZDN
Thank you for your very informative answer! It helped us a great deal
Attachments are only available to registered users.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).