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Employment immigration in South Carolina

When foreign investors wish to establish a business in South Carolina, the U.S. immigration laws provide a specific type of allowed employment immigration through obtaining an EB-5 visa. These visas are available to investors who are investing in a new commercial enterprise.

There are specific qualifications the intended enterprise must meet. It must involve a business that was established either after Nov. 29, 1990 or on or before that date if the existing business will be restructured or reorganized in such a manner that a new commercial enterprise will result. The business investment must also result in an increase in employment of 40 percent.

The job creation requirements for the foreign investor include the creation or preservation of at least 10 jobs for U.S. workers within two years of the immigrant investor's entry as a conditional permanent resident. Job preservation will be credited to the foreign investor only in cases where the purchased business was troubled. New jobs may be jobs that are directly attributable to the foreign investor's commercial enterprise or indirect ones that resulted in collateral industries or through affiliated capital investments by the foreign investor in other associated companies. The investor's commercial enterprise may be structured in a number of ways, including as a sole proprietorship, a partnership, a holding company, a joint venture, a corporation or as a business trust.

Business immigration visas are designed to allow immigration to foreign investors in order to improve the economy and create or save U.S. jobs. By providing foreign investors with the ability to immigrate using EB-5 visas, the government attempts to encourage their abilities, creating a robust economy. Foreign investors who wish to immigrate using an EB-5 visa may benefit by consulting with an immigration and naturalization law attorney for assistance.

Source: US CIS, "EB-5 Immigrant Investor", December 05, 2014

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