WHAT IS AN EB-5 IMMIGRANT VISA?
Immigrant visa based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children below the age of 21 years. Eligible foreign nationals are those who have invested, or are actively in the process of investing, the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the U.S. economy and create the requisite number of full-time jobs for qualified persons within the U.S.
Who qualifies for an EB-5 Immigrant Visa?
If you are establishing a new commercial enterprise:
- Creating an original business
- Purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
- Expanding an existing business by 140 per cent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 per cent of its net worth over the past 12 to 24 months; and
If you have already invested, or are actively in the process of investing, in a new commercial enterprise:
- At least $1,000,000, or
- At least $500,000 where the investment is being made in a ‘targeted employment area,’ which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and
If your engagement in a new commercial enterprise will benefit the U.S. economy to:
- Create full-time employment for not fewer than ten qualified individuals; or
- Maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a ‘troubled business’, which is a business that has been in existence for at least two years and that has lost 20 per cent of its net worth over the past 12 to 24 months
What are the benefits of applying under EB-5 Visa category?
- Live permanently anywhere in the United States
- You can develop and run your own business
- You do not need a family member or employer to sponsor you
- Work freely in the U.S.
- Travel freely in and out of the U.S.
- Apply for dependent visas for your spouse and unmarried children under 21 years
How can an attorney help in this process?
The EB-5 category is a highly complex, multi-phase process. The application completion processes are voluminous and very exacting. An experienced immigration attorney will prepare and file all the required documents for your Green Card: EB-5 application. They will conduct a complete review of all your personal circumstances; confirm that the Green Card: EB-5 is appropriate for you; identify important legal issues that may affect your Green Card; accurately prepare your Green Card: EB-5 application; and provide expert advice on how to handle yourself and what to expect at your Consular or USCIS interview. An immigration attorney with substantial experience in EB-5 petitions can help avoid the many costly pitfalls and help you sail through the EB-5 process.
To discuss if this is the right visa for you and if you can qualify under this category, please feel free to contact us by email or call us at (480) 467-3188.