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An EB-5 visa is an immigrant investor visa, available to foreign citizens who invest either five hundred thousand or one million dollars in a new commercial enterprise in the U.S. and create or preserve 10 jobs for qualified U.S. workers.
Any non U.S. citizen can apply for an EB-5 visa if he or she can provide documentation of a new commercial enterprise the person plans on investing either five hundred thousand or one million dollars in, while creating ten jobs for qualified U.S. workers over a two year period.
In order to get an EB-5 visa, a person fills out a petition and application with the United States Citizenship and Immigration Service showing he or she meets the capital investment and job creation requirements.
An investment or investor visa, also known as an EB-5 visa, allows immigrant investors to invest either five hundred thousand or one million dollars in a new commercial enterprise over a two year period while creating ten U.S. jobs, then petition the United States Citizenship and Immigration Service for permanent status.
The first step in obtaining an EB-5 visa is filing a petition as an Alien Entrepreneur. Once the petition is granted, the next step is to file an application with the specifics of the new commercial enterprise, documentation on the management of the business, documentation showing the money has been invested, or will be invested in the business, and the amount of jobs that will be created. The last step is filing a petition to remove the entrepreneur conditions on the visa. This petition must be filed within the ninety days immediately before the two year anniversary of the person’s entrance into the U.S. as an immigrant investor.
A regional center is a public or private economic entity involved in the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment. The regional center must be approved by the United States Citizenship and Immigration Service, and it is a way to invest in a commercial enterprise and take advantage of less restrictive job creation requirements.
Any legal for profit new commercial enterprise qualifies as an investment. However, to qualify as a new commercial enterprise the business must be either established after November 29, 1990, or a business established before November 29, 1990, that the investor will restructure or reorganize in a way that a new commercial enterprise results, or expand the business so a forty percent increase in either the net worth or number of employees results.
The traditional job creation requirement for an EB-5 visa is ten full time jobs for qualified U.S. workers. A qualified U.S. worker is either a U.S. citizen, permanent resident, or other immigrant authorized to work in the U.S. In addition, the ten jobs must be full time, meaning at least thirty five hours a week. The jobs must also be a direct result of the commercial enterprise. In order to take advantage of indirect job creation requirements, the investor must be affiliated with a regional center.
The amount of money invested can either be one million or five hundred thousand dollars. In order to take advantage of the lesser, five hundred thousand dollar requirement, the business must be in a “targeted employment area.” A “targeted employment area” is either a rural area, or an area with an unemployment rate of one hundred and fifty percent of the national average rate. However, the general minimum investment is one million dollars; and it is important to note that the investment cannot be borrowed funds.
No, however, you can apply for an immigrant investor visa, or an EB-5 visa, which allows non U.S. citizens to invest either five hundred thousand or one million dollars in a new commercial enterprise in the U.S. and create ten jobs for qualified U.S. workers over a two year period then petition the United States Citizenship and Immigration Service for permanent status.
No, but you can apply for an EB-5 visa, and invest either five hundred thousand or one million dollars in a new commercial enterprise in the U.S. and create or preserve at least 10 full time jobs for two years then petition the United States Citizenship and Immigration Service for permanent status.
Maybe. There are several types of investor's visas, including: the non-immigrant E-1 Treaty Trader and E-2 Treaty Investor visas that require your country to have a treaty with the United States that allows for you to apply for these types of visas. There is also the EB-5 Immigrant Investor Visa that allows you to potentially get a green card by investing anywhere from $500,000 to a million dollars.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified EB-5 Visa lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local EB-5 Visa attorney to discuss your specific legal situation.