EB-5 Visa Lawyer | EB-5 Investor Visa
The EB-5 Visa is a Green Card through investment program for the United States.
The EB-5 Investor Visa is available to foreign investors, entrepreneurs and individuals who invest a certain amount of capital in the U.S. in exchange for obtaining permanent residence – Green Card. The EB-5 Visa program attracts foreign direct investment in the United States and in return provides Green Cards to foreign nationals.
“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.”
Obtaining a Green Card through investment is usually suitable for investors or entrepreneurs who want to start a new business in the U.S., purchase an existing business in the United States, including a franchise, or passively invest in a project associated with a Regional Center.
The purpose of the EB-5 Visa is to stimulate the U.S. economy through job creation and capital investment by foreign nationals.
Our EB-5 Visa lawyers in Miami, Florida USA share with you below our knowledge and experience regarding the EB-5 visa.
Overview:
- What is EB-5 Visa?
- Who is eligible for EB-5 Visa?
- EB-5 Visa Requirements
- What is the Investment Amount for EB-5 Visa?
- Does the Investor need to create new jobs for EB-5 Visa?
- Steps to apply for EB-5 Visa
- EB-5 Visa Regional Center
- EB-5 Visa Processing Time
- EB-5 Visa Cost
1. What is EB-5 Visa?
The EB-5 Visa is an immigrant visa – a Green Card – for investors, entrepreneurs and anyone looking to do business in the USA.
The EB-5 Visa allows the investor together with their spouse and children under the age of 21 to become permanent residents of the United States and get a Green Card in exchange for making a minimum investment into a U.S. commercial enterprise or Regional Center project.
There are 2 vehicles for investment for EB-5 Visa: you can do a direct investment in a US business or invest in a Regional Center project.
With the EB-5 Investor Visa, the investor and his or her family can all obtain Green Cards and immigrate permanently to the United States, and enjoy all the rights and benefits that come with it.
2. Who is eligible for EB-5 Visa?
Any person regardless of their country of citizenship is eligible for an EB-5 visa if they meet the requirements.
If you want to invest the required minimum amount in a business in the U.S. or Regional Center project, and you meet all the other requirements, then you and and your family can apply for EB-5 Visa.
If you have previously invested in a U.S. business for E-2 visa or L-1 visa, you are eligible to apply for EB-5 Visa with the same investment. To learn more, visit our E-2 visa page.
If you are an investor or entrepreneur on an E-2 visa, L-1 visa or other visa, our EB5 immigration lawyers can advise and assist you to preserve your eligibility for EB-5 visa.
The inability to document and trace the investments to EB-5 Visa standards can be fatal to a Green Card through EB-5 Visa case built on the success of an entrepreneurial venture.
3. EB-5 Visa Requirements
The United States Citizenship and Immigration Services (USCIS) administers the EB-5 Visa Program.
To qualify for EB-5 Visa, the investor must meet the following EB-5 Visa Requirements:
A. Invest the required minimum amount of capital
B. Invest in a new US commercial enterprise or Regional Center
C. Create or preserve at least 10 full-time jobs for qualified U.S. workers
D. Investment amount must be “at risk”
E. Source of investment capital must be lawful
F. Engage in the management of the new commercial enterprise
A. Invest the required minimum amount of capital
To qualify for EB-5 Visa, the investor must invest or be in the process of investing $1,050,000 million for a standard investment or $800,000 in a business located in a Targeted Employment Area (TEA) or a Regional Center infrastructure project.
In the context of EB-5 visa, capital invested can include cash, equipment, inventory, unsecured loan, other tangible property such as land or vehicles, 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 EB-5 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. Investors can use unsecured loan proceeds to invest as capital and such loans will be treated as a contribution of cash rather than indebtedness.
If you plan on contributing proceeds from a loan to apply for the EB-5 Visa to get a Green Card it is recommended to consult with an experienced EB-5 Visa lawyer specialized in business and immigration to make sure that the loan satisfies the legal requirements.
Not all business and financial transactions that make sense from a business standpoint are compliant with US immigration laws.
B. Invest in a new US commercial enterprise or Regional Center
To qualify for EB-5 visa, you must invest in a company that is a new commercial enterprise. A new commercial enterprise is a for-profit business that was formed after November 29, 1990.
Our EB-5 immigration lawyers explain that for EB-5 Visa the investor must invest in a company that conducts business activity that is commercial in nature and has offers goods or services to the public.
Investing in a business that has no commercial activity and is used for personal purposes such as to own and manage residential property (for example, a house or an apartment) or land does not qualify for EB-5 Visa.
Direct investments are made directly into the business that is creating the jobs.
Regional Center investments are made indirectly into an new commercial enterprise, which then loans the investor capital to the job creating entity.
C. Create or preserve at least 10 full-time jobs for U.S. workers
To qualify for EB-5 Visa you must show that the capital invested will create directly or indirectly at least 10 full-time jobs for U.S. workers. In certain limited situations, you can preserve U.S. jobs to qualify for EB-5 Visa and obtain a Green Card.
The 10 full-time jobs do not include the investor, his or her spouse and children or any person in nonimmigrant status.
D. Investment amount must be “at risk”
To qualify for EB-5 Visa, you must place the required minimum amount of capital at risk in the company – the risk of loss if fortune reverses or chance for gain if the business becomes successful.
E. Source of investment capital must be lawful
To qualify for EB-5 Visa the investor’s source of investment capital must be lawful and the capital originate from investor’s personal funds.
The amount of capital to be invested can come from sources outside of the United States or inside the United States.
The EB-5 investment can come from more than one source including:
- Funds from sale of property or business in the U.S. or abroad,
- Wages, salaries and bonuses,
- Inheritance,
- Dividends,
- Interest,
- Gifts
- Stock sale, or
- Loans under certain conditions
F. Engage in the management of the new commercial enterprise
To be qualify for EB-5 Visa, you must engage in the management of the new commercial enterprise.
Your role can consist of day-to-day management of the business or participating in policy formulation.
You must be active and cannot be a passive investor in the business.
If you are investing in a Regional Center, you will likely be a limited partner in the business. You can meet the management requirement by showing that you have the rights normally given to limited partners, such as voting rights.
4. What in the Investment Amount for EB-5 Visa?
The required investment amount for EB-5 Visa is $1,050,000 million for standard investments or $800,000 for investments in a new commercial enterprise or Regional Center project in a high-unemployment or rural area (TEA).
The EB-5 Reform and Integrity Act of 2022 (RIA) set the required minimum investment amount for individuals looking to invest in a Direct EB-5 or Regional Center project to qualify for Green Card.
The EB-5 investment amount in 2022 is $800,000 for TEA (rural or highly unemployed areas) and $1,050,000 for standard or non-TEA investments.
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.
5. Does the Investor need to create new jobs for EB-5 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 investment in a Direct EB-5 – 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 US workers.
In the case of investment in EB-5 Regional Centers, the 10 full-time jobs can be created directly, indirectly or be induced jobs. Indirect jobs are those created in businesses that supply goods or services to the EB-5 project. Induced jobs are jobs created within the greater community as a result of income being spent by EB-5 project employees.
In case of investing in a troubled business for EB-5 Visa, the investor or entrepreneurs can rely on preserving the 10 full-time jobs for a period of at least 2 years and on pre-investment terms.
6. Steps to apply for EB-5 Visa
The steps you need to take to apply for EB-5 Visa are:
- Consult an Immigration Lawyer for EB-5 Visa
- Select a Suitable EB-5 Project to Invest
- Invest the Required Capital
- Compile Documents for EB-5 Visa
- File I-526 Petition for Standalone Investor
- File I-526E Petition for Regional Center Investor, if applicable
- Obtain Conditional Green Card via Adjustment of Status or Consular Processing
- File I-829 Petition to Remove Conditions on Permanent Resident Status
7. EB-5 Visa Regional Center
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.
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 Visa 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.
What Is The Best Advice That Our Experienced EB5 Visa Lawyer Gives Clients Regarding the EB5 Regional Center Program?
Our EB-5 visa lawyers explain that by investing in a EB-5 Visa 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 EB-5 Visa Regional Center project 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 EB-5 Regional Centers include:
- The Regional Center can lose its accreditation while the EB5 visa is being processed, causing the denial of the EB-5 Visa petition or
- The projects undertaken by the Regional Center will not be successful and lead to substantial financial losses
EB-5 Visa Regional Center investment offerings made to foreign Investors and entrepreneurs are considered “securities” and are subject to United States securities laws. The EB-5 investment offerings are considered securities even if the investment opportunities are offered outside of the United States to investors, entrepreneurs and people who are not currently U.S. residents.
If you are an investor, entrepreneur or individual considering obtaining a U.S. Green Card though investing in an EB5 Regional Center, please contact our EB-5 visa lawyers in Miami, Florida USA to assist you with your Regional Center investment and void being victim of investment scams.
Moreover, our EB5 visa lawyers point out that in certain circumstances even Direct EB-5 offerings not affiliated with a Regional Center can be deemed an offer of securities.
Regional Center EB-5 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 Visa cases – is not intentionally cheating investors and accurately and completely discloses all material information to the potential EB-5 investor.
The SEC has brought several legal actions against Regional Center operators in cases of investor fraud.
8. EB-5 Visa Processing Time
The EB-5 Visa Processing Time for 2022 depends on the specific EB-5 Visa project.
Pursuant to the EB-5 Reform and Integrity Act of 2022, USCIS will expedite national interest projects and will prioritize EB-5 Visa petitions from investors in a rural targeted employment area and infrastructure projects.
The EB-5 Visa Processing time for national interest EB-5 projects is 2 to 6 months.
The EB-5 Visa Processing Time for rural targeted employment area and infrastructure projects is 6 to 12 months.
Based on current processing times, 80% of EB-5 Visa petitions for investors in non-priority EB-5 projects is 24 to 48 months. The processing time is 80 months for investors from mainland China with non-priority EB-5 Visa projects.
9. EB-5 Visa Cost
The EB-5 Visa Cost for Direct EB-5 is $3,675 and for EB-5 Regional Center investor is $4,675.
The EB-5 Visa Costs exclude the required EB-5 investment amount, Regional Center administrative services fee and any professional fees.
Why work with our best EB5 visa lawyers in USA?
The EB-5 Visa is the avenue through which an investor obtains a US Green Card for his or her family.
The stakes are high and the EB-5 Visa 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-5 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