The EB-5 category is a special type of immigrant visa designed to encourage investment and job growth in the United States. It has been in place since 1990. EB-5 is specifically intended to help immigrants who plan to invest a sizeable amount of money in American business, resulting in job creation. A person’s eligibility for the program is directly related to his or her ability to have a positive economic impact.
To meet the minimum requirements for EB-5, the immigrant’s investment should total $500,000 or more and result in the creation of at least ten full time jobs in a high-unemployment area or a Targeted Investment Area. If the new business is not in one of these areas, an investment of $1,000,0000 will be required, with the same creation of 10 jobs necessary to secure the visa approval. There are stringent regulations on this program, and extensive documentation is required. If you are applying for an EB-5, you will need to prove that your income and/or net worth is sufficient to support your planned investment. You will also need to prove that the money was acquired lawfully.
If you think that you may qualify for the EB-5 program, our seasoned immigration attorneys can guide you through the complex process, helping you avoid costly missteps. We will begin by gathering information about your case and discussing the specific income requirements, acceptable income sources, acceptable documentation, and many other financial and legal details of the program.
Once we have determined that you are likely eligible, we will assist you in gathering the appropriate documentation, and suggesting adjustments to your business plan to meet the requirements. We have included downloadable forms and questionnaires on this page, which you may be asked to complete. In addition to proving the ability to directly or indirectly create a minimum number of jobs, you will also have to meet minimum standards of managerial involvement in the proposed business, if it is a business you own and direct. If you are investing in a Regional Center, you are free of day-to-day management of the enterprise, but you also will not be able to affect the managerial decisions and direct investment of your money.
It is especially important that your case be presented properly with all documents and other requested proof, as there is a limited number of EB-5 visas issued each year. With a growing number of investor immigrants taking advantage of this program, the competition for available EB5 visas is increasing. Therefore, you do not want to make any errors or oversights that could delay the process. Once the annual quota is reached, you will not have an opportunity to get one until the following year begins. At this time, the annual cycle begins in September, rather than following the calendar year.
Please contact our office for more information and to arrange an appointment with one of our experienced immigration lawyer.
