Who Qualifies for an EB-5 Investment Visa?
There are a number of requirements that must be met by foreign investors in order for them to be able to obtain permanent residency using the EB-5 visa program. Generally, the investor is required to meet a set capital investment amount, meet the requirements for creating jobs, and be able to ensure that the business that they are investing in qualifies for the program. Applicants to the program, the applicant’s spouse, and the children under the age of 21 of the applicant are allowed to obtain a green card once the applicant has met the requirements and has been approved by the USCIS.
A five hundred thousand to one-million-dollar capital investment into a United States commercial enterprise is typically required by applicants for an EB-5 visa. This investment can be made in cash, equipment, tangible property, or other types of assets. It is valuated based on the fair-market value of the United States dollar. The minimum required capital can be decreased from one million to five hundred thousand dollars if the investment is made in a commercial entity located within a target employment area. This project is either in a rural area or in one that has high rates of unemployment.
There are also job creation requirements revolving around EB-5 investments. It is required by the USCIS that EB-5 investments create at least ten United States jobs. This means that they have to create new jobs for at least ten workers that are legally eligible to work in the United States. It is also required that these jobs are created within two years after the investor receives their residency. There are cases where the investor can prove their investment created direct jobs for individuals that work within the commercial entity. The investor, however, only has to show that 10 jobs were created, whether indirect or induced, if a regional center received the investment. Jobs that are created in businesses supplying goods or services to the company that was invested in are indirect jobs that qualify for this program.
There are various business entities that an EB-5 visa applicant can choose to invest in. The applicants generally are able to directly invest in a regional center or in a new commercial enterprise. New enterprises are for-profit entities that operate lawfully and are made of one of many business structures. These include corporations, partnerships, business trusts, and other types of structures. All are required to have been established after November 29, 1990. Older enterprises can still qualify for the program if the investment increases employees or the overall net worth by at least forty percent. Older enterprises are also able to qualify if the investment results in a new commercial enterprise. If you are unsure about the qualifications for an EB-5 visa, an EB5 lawyer can help.