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Investor Visa / EB-5 Investor Visa Lawyer What is an Investor Visa (EB-5)? An EB-5 investor visa provides a path toward permanent residents for investors who invest at least $500,000 or $1 million in a U.S. enterprise. Basic Requirements for Investor Visa (EB-5): EB-5 Investor Green Cards Application should meet the following three requirements: Investment in a new commercial enterprise. Any for-profit entity of lawful business is commercial enterprise. Investment of at least $1 million (or $500,000 in certain cases) into the business. Cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the investor are all acceptable investments for EB-5 purposes. All capital shall be valued at fair market value in U.S. dollars. A loan to the company or any other debt between the company and investor does not constitute an investment. Assets acquired, directly or indirectly, by unlawful means, such as criminal activities, are not acceptable capital. The minimum investment can be reduced to $500,000 if the business is situated in a “targeted” employment area—an area in which unemployment is at least 150% of the national average, or a rural area. The investor need not commit his/her entire capital immediately, but the investment must substantially complete prior to the end of the 2-year conditional residency period. Creation of at least 10 full-time U.S. citizens, lawful permanent residents, or other immigrants lawfully authorized to be employed in the U.S. “Employee” is an individual who provides services or labor for the company for compensation. “Full time employment” requires a minimum of 35 working hours per week. This does not include independent contractors. Non-immigrants (those with E, H, L, and other temporary worker visas) are not considered as U.S. workers for this purpose. Investors are not required to hire 10 employees at the time of initial investment. They may provide a petition with a comprehensive business plan demonstrating a need for at least 10 employees within the next two years. 10-full-time employees is not required for Regional Center Program The “Regional Center Program” allows the investor to qualify for an EB-5 Green Card without the direct hiring of 10 people. Under a Regional Center program, the investor can qualify by presenting evidence that 10 jobs will be created throughout the Regional Center economy. This is usually demonstrated by expert economics analysis. Contact us today for a consultation. |