Investor Immigrant Visa
EB-5 visas are available to individuals willing to invest significant cash, equipment, inventory,
other tangible property, and easily convertible cash equivalents in the United States.
Qualifying investment amounts include:
- $1,000,000 or
- $500,000 in targeted rural areas
Targeted rural areas are identified by the U.S. census
or the Office of Management and Budget or certified by a State government as specified
locations that are experiencing average unemployment at least 150% greater than
the national average.
Requires:
-
legally obtained assets, or indebtedness
secured by such assets, if at personal risk (e.g., not
secured by a qualifying commercial enterprise).
-
daily managerial control or at least policy formulation
as a corporate officer, director, or partner.
-
a for-profit business whether sole proprietorship, limited or general partnership,
corporation, business trust, joint venture, holding company, wholly owned for-profit
commercial subsidiary, mutual investment fund, or other entities publicly or privately
owned.
Investment in a new enterprise must benefit the U.S. economy and create full-time employment for at least ten full-time qualified employees, which excludes the
investor, the investor's immediate relatives and non-immigrant employees.
An existing commercial enterprise can also qualify without necessity
for reorganization or reincorporating, if the infusion of capital increases net worth or the number of qualifying U.S. workers employed by 40%. Alternatively, a troubled pre-existing
commercial enterprise can qualify if it has been in operation for at least two years,
incurred a net loss of
at least 20% of net worth during one of the two years preceding
the investment, and ten U.S. jobs will be saved.
Multiple Investors: Each investor in the same enterprise
must meet the minimal capital requirement, but if some foreign
investors do not seek immigration through the investment, the job creation requirement
(but not captial requirement) can be met pro-rata by the remaining immigrating investors.
Conditional residency: Investors, their spouses and dependent
children are subject to "conditional" permanent residence for a two-year period,
after which they become eligible to file for an end to conditional status. The entrepreneur
must have continuously maintained the investment during the period of conditional
residence. The business must have been actually established and not solely to evade
immigration laws. USCIS will examine the business at the end of the two-year period
to determine whether or not the individual has complied with all of the EB-5 visa's
requirements.
Messing Law Offices provides expert immigration lawyer advice to determine if an applicant
meets the requirements for an EB-5 or other investor immigrant visa, including assistance with documentation to establish qualifications, advice
about visas for accompanying family members, removal of conditions on permanent residency, and naturalization based
upon extensive experience
as a professional immigration attorney.
Contact Messing Law Offices
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