EB-5 Visa Lawyer | EB-5 Immigrant Investor Green Card

The United States Green Card through investment can be obtained through the EB-5 Immigrant Investor Program and as EB5 visa lawyers in Miami, Florida USA share with you below our knowledge and experience regarding the EB5 visa. The EB5 Immigrant Investor Visa is a U.S. immigrant visa that allows a foreign Investor or Entrepreneur together with their spouse and children to become permanent residents of the United States in exchange for making a minimum investment into a U.S. commercial enterprise or Regional Center project. The Investor Green Card allows the Investor or Entrepreneur to immigrate to the United States permanently and enjoy all the rights and benefits that come with it.

Obtaining a Green Card through investment is usually suitable for foreign Investors or Entrepreneurs who want to start a new business in the United States or purchase an existing business in the United States, including a franchise or invest passively in a project associated with a Regional Center. The purpose of the Investor Green Card is to stimulate the U.S. economy through job creation and capital investment by foreign Investors and Entrepreneurs.

“Our EB5 visa lawyers in Miami, Florida USA possess extensive expertise to advise you on all aspects of U.S. business immigration, capital raising and daily business operations to business growth strategies.”

The United States Citizenship and Immigration Services (USCIS) manages the EB5 Visa Program. Under this program, foreign Investors or Entrepreneurs and their spouses and unmarried children under the age of 21, can apply for a Green Card (permanent residence in the United States), if the Investors or Entrepreneurs:

• Invest a minimum amount of capital in a commercial enterprise in the United States; and
• Intend to create or preserve 10 full-time jobs for qualified U.S. workers

What Amount Does The Investor Need to Invest For the EB5 Visa? 

As of May 2022, in order to be eligible for an Investor Green Card, the Investor or Entrepreneurs must invest $800,000 in a new commercial enterprise in a high-unemployment or rural area (TEA) or $1,050,000 million in a commercial enterprise located elsewhere. Instead of investing directly in a new company, the Investor or Entrepreneurs can make the required investment through the Regional Center Program, where the foreign Investor or Entrepreneur invests in a U.S. commercial enterprise associated with Regional Centers approved by USCIS based on proposals for promoting economic growth.

However, the best EB5 visa lawyers recommend that in addition to the above requirements, the capital invested in a new commercial enterprise must be placed at risk, and the funds available for investing are from a legal source. 

In the context of EB5 visa, capital invested can include cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by the investor’s personal assets, provided that the foreign Investor is personally and primarily liable for its repayment. Generally for EB5 visa purposes, Investors are allowed to invest cash that is obtained as a loan from a third-party such as for example home equity loan proceeds. Moreover, as of July 22, 2021, Investors are also permitted to use unsecured loan proceeds to invest as capital and such loans will be treated as a contribution of cash rather than indebtedness. 

What Is The Best Advice That Our Experienced EB5 Visa Lawyer Gives Clients Regarding the EB5 Regional Center Program? 

According to USCIS, an EB-5 Regional Center is defined as an economic unit, public or private, in the United States that is involved with promoting economic growth. Regional Centers have to be accredited by USCIS for participation in the EB5 visa program for the foreign investor to receive US permanent residency. In practice, EB-5 Regional Centers often develop real estate projects, both commercial and residential, that allow prospective EB-5 immigrants to make an equity investment. This is different than the popular belief that simply buying an apartment or a house in the United States is sufficient to get an EB5 visa. Our EB5 visa lawyers explain that by investing in a Regional Center, the prospective EB5 visa applicant becomes a shareholder in the project. This puts his or her capital fully at risk if the project fails but also allows the investor to make a substantial return on his or her investment if the project goes through as projected or better. An investment in a Regional Center is suitable for EB5 investors that prefer to make a passive investment and not be involved in the day to day operations as a manager or executive of a US business. The risks associated with Regional Centers include that the center might lose its accreditation while the EB5 visa is being processed thus causing the denial of an EB-5 visa petition or that the projects undertaken by the regional center will not be successful and lead to substantial financial losses. 

Does the Investor or Entrepreneur Need to Create New Jobs for EB5 Visa? 

The investment made by the foreign Investor or Entrepreneur in a new commercial enterprise in the United States must create full-time positions for at least 10 qualifying employees. In the case of a new commercial enterprise that is not a Regional Center or its wholly owned subsidiaries, the enterprise must directly create the 10 full-time positions and must be the employer of the 10 qualifying employees. In the case of Regional Centers, the full-time jobs can be created directly or indirectly. In case of investing in a troubled business, the foreign Investor or Entrepreneurs can rely on preserving the 10 full-time jobs on the same terms prior to investment and for a period of at least two (2) years.

With respect to Regional Center investment offerings made to foreign Investors and Entrepreneurs it is important to point out that such investments are considered “securities” and are subject to United States securities laws even if the investment opportunities are offered primarily outside of the United States to Investors and Entrepreneurs that are not currently U.S. residents. Moreover, our EB5 visa lawyers point out that in certain circumstances this may also be the case for other direct EB5 offerings not affiliated with a Regional Center. Regional Center EB5 investment offerings are overseen by the the U.S. Securities and Exchange Commission (SEC), the federal agency responsible for enforcing federal securities laws. The role of the SEC is to ensure that the issuer of security – the new commercial enterprise in EB5 cases – is not intentionally cheating investors and accurately and completely discloses all material information to the potential EB5 investor. The U.S. Securities and Exchange Commission (SEC) has brought several legal actions against Regional Center operators in cases of investor fraud. If you are a foreign Investor or Entrepreneurs considering becoming a U.S. resident through investing in an EB5 visa Regional Center, please contact us to assist you with your Regional Center investment and avoid being a victim of investment scams.

Why should you work with our best EB5 visa lawyers in USA? 

The EB5 Visa (Investor Green Card) process is complex, subject to significant risks and require extensive documentation as well as interdisciplinary knowledge of immigration law, business corporate law, finance and economics and accounting principles. Our EB visa lawyers in Miami, Florida USA have extensive background in immigration and business corporate law and economics and their permanent team consists of a Chartered Financial Analyst (CFA) specialized in finance and M&A transactions. To navigate the EB5 visa process with ease and minimize risks or consult on investments, contact us to schedule an appointment with our qualified EB5 visa lawyers in Miami, Florida USA. We speak Romanian, Bulgarian, Russian and Spanish. 

Malescu Law P.A. – Business & Immigration Lawyers