EB-5 Attorneys Working Hard For You to Obtain Your Green Card

Do you have significant money to invest in a US commercial enterprise? You may be eligible for an immigrant investor program based on these and other characteristics. There are several different options for a visa in the US. The EB series of visas each has a particular requirement the applicant must meet to obtain their permanent residency status in the US. We will discuss some of the details in this article specific to the EB-5 Visa and answer your general questions regarding this process.

Specific questions can be directed to me, an experienced immigration attorney that has worked with countless applicants over the years to achieve their dream of obtaining their visas and living and working in the US. Contact my office at 407-499-5680 to get your specific questions answered and work together towards your goal of obtaining your EB-4 visa.

What is an EB-5 Visa?

The EB-5 visa immigrant investor program was designed in 1990 with the betterment of the US economy in mind through job creation and capital investments through foreign nationals. The USCIS administers this program and designates areas or regional centers (public or private economic units) in the US that are involved with economic growth. They can also terminate designated regional centers as goals are realized to stimulate other financial areas.

What is the Minimum Investment for an EB-5 Visa?

The amount required for investment for the EB-5 has fluctuated throughout the years. It has hovered between $500,000 and $1 Million, and recently, it has been set at a minimum of $800,000. Until further notice, the minimum amount to invest for an applicant is $800,000 and can be as high as over $1 million dollars.

The applicant must provide sufficient proof of their investment funds being legit and legal in nature. This proof can mean a demonstration of income and investments will be required and providing thorough evidence of the applicant’s inheritance funds or gifts. The investment amount must come solely from the applicant and can’t be shared with other investors/family/friends of the applicant.

For example, if the applicant received an inheritance, there can be sufficient proof, and those funds can be used as an investment to meet the $800,000 criteria. If an applicant used inheritance in their own business or investment purposes and grew that asset to the number of funds that they now intend to use for the EB-4, it would be in their best interest to provide information regarding the original investment, the actions they took with that money to grow it through bank statements, proceeds from the sale of the property if that applies, and more.

Cash isn’t the only form of investment funds recognized to meet the minimum investment. The applicant can also provide proof of cash equivalents such as certificates of deposit, loans, or promissory notes. Suppose the applicant supplies equipment, inventory, or other tangible assets to the business. In that case, they can factor in the fair market value of these items to meet the minimum investment amount.

The funds available will be thoroughly examined to ensure they were obtained legally and in a legitimate manner before being allowed to invest in the US economy. The more information you have to document the trail of your investments, the better.

What Other Requirements Need to be Met?

Other than the minimum amount for investment, foreign investors must meet a few other requirements to qualify for the EB-5.

As discussed, the applicant must provide sufficient proof that the funds used for investment are rightfully theirs and that they obtained them legally and legitimately. Providing evidence may mean digging back into financial records for decades to prove that the source of the funds the applicant wants to use was lawfully and legitimately theirs.

The applicant must also provide sufficient evidence that their investment directly or indirectly will ensure that ten jobs are available for qualified US citizens. These ten jobs must be at least 35-hour a week and do not include independent contractors. The applicant can bring their spouse or unmarried children under the age of 21, but none of them are included in the minimum of ten jobs their investment will need to provide for US citizens.

Other documents are required, such as a business plan showing how you plan to invest your funds. You can choose to create a new business or invest in an existing one, but you will need a thorough plan set up, providing evidence of your intentions with the investment funds. This business plan must also demonstrate how the product or services from the business will benefit the US economy.

As the applicant, you must be prepared and provide evidence that you will remain in an active role in the company with which you are investing. You don’t have to control it, but you will have to prove that you will have an active presence, such as a managerial role in the business, to qualify. There are more passive investment opportunities (the applicant can provide investment money but not play an active role in the industry) that can result in obtaining a green card. Still, the EB-5 visa is not one of them.

Is There a Waiting List?

A set number of green cards is available for investors, capped at 10,000 a year. Certain countries will limit how many they can grant out of that 10,000. If there are more than 10,000 applicants in a year or an exceptionally high number of applicants in your country, you may be placed on a waitlist to finish the EB-4 process.

What are Some Advantages of the EB-5 Visa?

There are some appealing advantages of the EB-5 visa. One is that as long as you can provide sufficient proof that you have the minimum investment and intend to use it for a for-profit business or commercial enterprise, you don’t have to provide evidence of existing business skills through training or experience.

Foreign investors can choose to invest their money in approved regional centers as long as they remain active in the business they invest in and can provide job creation.

You are eligible for a conditional green card upon meeting all two-year requirements. Once this two-year threshold has passed and sufficient employment (at least ten US citizens) exists, you can choose to work for another company or not at all in the US.

Your spouse and unmarried dependents under 21 can qualify for conditional green cards.

If the cap of 10,000 green cards a year for the EB-5 visa has not been met, obtaining your green card can be relatively quick if you have completed the requirements. Historically, that cap has not been met, so if you are eligible, it can mean that you are on your way to obtaining your EB-5 visa in relatively short order. Generally speaking, the process can take as little as six months to complete.

What are Some Disadvantages of the EB-5 Visa?

The applicant must provide sufficient proof of a substantial amount of money before applying. Providing this proof can lead to gathering significant documentation that the applicant must provide, showing they are solely responsible for the funds they have acquired and obtained legally and legitimately.

The applicant must intend to live in the US. They can not obtain a green card for travel and work purposes only.

Due to the applicant being granted a two-year conditional green card, if the business or commercial enterprise they invested in cannot provide ten US citizen jobs within that two-year timeframe, their green card can be canceled.

The USCIS can choose to reject applications if they have reason to suspect fraud or misuse of funds.

In addition to providing ten jobs if you invest in an existing business, the foreign investor must also be able to increase the business’s net worth by roughly 40% within the two-year timeframe.

Why Hire an Immigration Attorney?

Due to the extensive documentation required to be eligible for the EB-5 visa, it is in your best interest to work with an experienced immigration lawyer. They can help you gather the necessary documents, review them to ensure they will satisfy the requirements, and create a business plan with you before applying.

An immigration attorney can also prepare you and your family members for the Department of State interview by providing general questions and walking you through what those interviews have included in the past. Sometimes, at the investor’s request, their attorney can accompany them into the discussion and help them through the process.

A trusted immigration attorney can also assist the applicant before expiring their two-year conditional green card. A few months before the two-year period is up, they can work through the process together and make sure that the investor is adequately prepared to petition to remove the conditions of their green card and achieve permanent resident status.

An immigration attorney can also help the investor to understand the risks involved with their investment. Although uncommon, it is not unheard of for regional centers to go bankrupt or fail to comply with terms, which can result in losing your investment and not obtaining your visa. A skilled attorney can help you to identify the potential risks in your investment and provide guidance through your years of working with investors.

As mentioned above, it can be imperative for investors to choose the right regional center for them. The investor will also typically need to select a specific investment project within that regional center, as regional centers have several projects running concurrently.

Your immigration attorney can also assist you and your family in establishing lawful residency in the US once approved.

Although obtaining your EB-5 can be relatively quick, each step requires careful thought and execution. The complex requirements can mean the process for most will be overwhelming. By hiring an experienced attorney, you have the advantage of years of experience working with investors through their eyes. They can guide you, provide the valuable insight you may not have thought of, and help minimize the risks associated with your investment to the best of their ability.

I have worked with countless applicants to help them achieve their dreams. I am confident that I can help you too. Contact me at 407-499-5680 to get your specific questions answered and start obtaining your EB-5 visa. I look forward to working with you.