Eb-5 investor visa
The immigrant investor visa program, also referred to as an 'EB-5' was created by congress in 1990 to stimulate the US economy through job creation and capital investment by foreign investors. An individual who invests or is in the process of investing $1,000,000 (or $500,000 in certain high unemployment areas) in a new commercial enterprise that employs 10 U.S. Citizen or authorized immigrant workers may qualify for permanent residence in the United States.
Applying for an EB-5 visa is a complicated process and requires deep knowledge of the process. Our lawyers, based out of Chicago, have the expertise to assist potential investors from the initial due diligence of the commercial enterprise or regional center to final applications with USCIS for permanent residence and eventually citizenship.
Within the EB-5 visa category, there are three primary avenues for investment:
NEW BUSINESS ENTERPRISE for EB-5 investor Visa
EB-5 investors can invest in a new commercial enterprise, defined by USCIS as any commercial enterprise established after November 29, 1990. The foreigner must invest or be in the process of investing a minimum of $1,000,000 into a new commercial enterprise. Furthermore, the new enterprise must create 10 full-time employment positions and the foreigner must be involved in the daily management of the enterprise (ie serve as officer, board member, etc).
BUYING AN EXISTING BUSINESS THAT IS RESTRUCTURED OR EXPANDED
EB-5 investors can also invest in an existing business, defined by USCIS as any commercial enterprise established prior to November 29, 1990. The investment must either result in a 40% increase in the net worth or number of employees of the entity or be restructured in a way that the investment essentially results in a new commercial enterprise. Similar to a new business venture, the foreigner must be involved in the daily management of the enterprise.
Investing in EB-5 REgional centers
Investors can also invest in Regional Centers instead of starting a new enterprise or purchasing an existing enterprise. Regional Centers are designations set aside by USCIS for economic growth in specific geographical areas. Majority of EB-5 applications to USCIS fall under the Regional Center category. Similar to the starting a new entity, investors are required to invest at least $1,000,000 into a regional center (or $500,000 for targeted employment areas). The investment must create 10 full-time employment either directly or indirectly. Unlike starting or purchasing an existing entity, investors in Regional Centers are not required to be involved in the daily management of the project and would merely serve as silent investors.
At Atom Law Group, our attorneys will work with you to determine whether a prospective or current investment will qualify for immigration benefits and will represent you in obtaining the initial (conditional) resident status and in having the conditional status removed after two years. Our lawyers are uniquely qualified to approach the EB-5 investor visa from both an immigration and business standpoint. Unlike typical immigration benefits tied to a family member or employment, investor visas are tied to the ultimate success of the investment and thus doing proper due diligence is critical.
Please contact us to explore your options for the EB-5 investor visa.