EB-5 Visa is a Great Way to Obtain a Green Card
Congress created the EB-5 immigrant investor visa category in the Immigration Act to attract foreign capital to the U.S. and create jobs for American workers in the process. The investor would then be entitled to apply for U.S. permanent residence.
3 Main Requirements for EB-5 Applicants
- First, the alien must establish a business or invest in an existing business that was created or restructured after November 19,1990;
- Second, the alien must have invested $1 million ($500,000 in some cases) in the business;
- Third, the business must create full-time employment for at least 10 U.S. workers.
Important Details about the Investment for the EB-5 Visa
The investment must come from lawful means and can be in the form of cash, cash equivalents (such as certificates of deposit, treasury bonds, or other instruments that can be converted readily into cash), equipment, inventory, other tangible property, or indebtedness secured by assets owned by the alien provided that he or she is personally and primarily liable and the assets of the new commercial enterprise are not used to secure any of the indebtedness. Multiple investors may establish a new commercial enterprise which can be the basis for the EB-5 classification. However, each investor must meet the requirements for the EB-5 classification separately; that is, each investor must create 10 jobs for U.S. workers.
The basic investment amount is $1,000,000 or $500,000 for a business established in a “targeted employment area.”
Targeted employment areas include:
- Rural areas, defined as any area other than one within a metropolitan statistical area or within the boundary of a city or town with a population of 20,000 or more; and
- Areas having an unemployment rate that is at least 150% of the national average.
List of Documents for an E-B5 Visas
- Articles of incorporation, partnership agreements, organizational documents;
- Business plan;
- Evidence of lease agreements for the qualifying enterprise;
- State business licenses (if applicable);
- Evidence that the required amount of capital has been transferred;
- Evidence that investment has resulted in the substantial increase of net worth (if applicable);
- Documentation of source of investment;
- Documentation of assets purchased or transferred from abroad for the qualifying enterprise.
- A statement of position or title and a description of duties
- Evidence EB-5 investor is a corporate officer or member of the board of corporate officers (if applicable)
Note: The EB-5 Investor must be engaged in the management of enterprise either through day-to-day managerial control or through policy formulation. A purely passive role is not permitted.
Why Legal Help for the EB-5 Visa is Important
It is not simply enough to offer to invest in the U.S. to get a Green Card. Although the funds are appreciated, there are still specific requirements that need to be met in order to obtain an EB-5 visa. Since there is a lot of paperwork involved, applicants for this visa will often enlist the help of a legal immigration professional who has the knowledge of how to present an application package to convince immigration officers of an investor’s merit.
Why Hire Us to Help with Your E-B5 Application?
When it comes to investing your money and your time, you want to focus on the business itself, instead of the business of immigrating. This is where we can help, as we specialize in helping individuals reach their goals by applying our expertise to each immigration case. We have helped hundred of investors to successfully get U.S. permanent residence through E-B5 applications, and we can help you too!
The first step towards a successful E-B5 application is getting an assessment of your case. Fill out our immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and options.