Investor Visas
What is an Immigrant Investor Visa - EB5?
The EB-5 Investor Visa Program gives eligible foreign investors and their immediate families (spouse and unmarried children under 21) a pathway to obtain a U.S. Green Card (permanent residency) by making a qualifying investment in the United States.
The applicant must invest a minimum of $1.8 million in a new U.S. commercial enterprise, unless the investment is made in a Targeted Employment Area (TEA), which encompasses rural areas and regions with high unemployment, in which case an investment of $900,000 or more will suffice. Starting October 1, 2024, these amounts will automatically adjust for inflation every five years.
Besides providing the necessary financing, the investor must demonstrate how the investment will create or preserve at least 10 full-time jobs for U.S. workers. Investors have the option to invest in their own enterprise or in an approved Regional Center. These popular investment options pool funds from multiple investors for large-scale projects, making compliance with job creation requirements easier. The applicant must be involved in the enterprise in which they invest, though direct management is not required for regional center investments.
Recent legislation has also created “set asides” that reserve certain portions of the annual allotment of EB5 visas for investments in rural areas, high unemployment areas, and infrastructure improvement. Such investments offer both smaller minimum investment levels and immediate availability of visas for all nationalities. With the exception of investors born in Mainland China and India—who currently have nine- and three-year wait times, respectively—visa numbers are also immediately available for all other investment types.
How do I apply for an EB5 Visa?
Applying for the EB5 visa is complex and highly scrutinized by U.S. Citizenship and Immigration Services (USCIS). Our expert staff will help you avoid the potential pitfalls of this program, ensuring that your investment meets USCIS legal and regulatory standards and maximizing your chances of success. Our firm will guide you each step of the way, including the following areas of critical importance:
- Navigating Complex Documentation – The EB5 process requires extensive paperwork, including business plans, financial records, job creation evidence, and source-of-funds documentation. Our expert staff will help you prepare and organize these properly.
- Proving the Lawful Source of Funds – USCIS requires detailed proof that the investment funds come from legal sources (e.g., salary, business earnings, inheritance, gifts, property sales). We will help document and present this effectively.
- Avoiding Common Pitfalls & Fraud Risks – The EB5 industry has seen cases of fraud and mismanagement in regional centers. We stay current on industry trends and conduct due diligence to help our clients avoid risky investments or fraudulent projects.
- Handling RFEs (Requests for Evidence) – USCIS will sometimes request additional evidence regarding an investment. Our experienced team is well-equipped to handle any such requests.
- Maximizing Approval Chances – With constantly evolving EB5 regulations, we make it our business to stay up-to-date on policy changes and legal strategies to ensure a smooth application process.
- Guiding You Through the Two-Step Green Card Process – Successful applicants are granted conditional residency, and an application must later be timely filed to remove these conditions for the investor and his or her family. We ensure that our clients stay on track with critical deadlines and successfully obtain their permanent Green Cards.
The EB-5 program is a valuable pathway to U.S. permanent residency but involves strict legal, financial, and regulatory requirements. Our staff is dedicated to maximizing your chances of success, ensuring compliance, reducing risks, and providing professional guidance throughout the process. Please contact us to explore investment opportunities that will secure your family a new life in the United States.
What is a non-immigrant Investor Visa -E2?
The nonimmigrant E2 visa is an option for investors from select countries seeking business opportunities in the United States. The visa can be approved for a maximum initial stay of two years, with two-year extensions available indefinitely. To qualify, the investor must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation;
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
- Be seeking to enter the United States solely to develop and direct the investment enterprise, as demonstrated by at least 50% ownership of the enterprise or possession of operational control.
The capital invested must be put at risk with the objective of generating a profit, and the applicant must show that the funds have not been obtained from criminal activity. There is no predetermined amount that constitutes a “substantial amount of capital”; rather, USCIS employs a sliding scale test that takes into account the cost of acquiring or establishing the enterprise and the amount of capital that would be needed to keep the applicant committed to its success. Our office has expertise in matching the needs of your business with the demands of USCIS, maximizing your chances of success.
E2 visa classification is also available to a treaty investor’s employee who is of the same nationality as the employer and is either engaged in duties of an executive or supervisory character or has special qualifications. Treaty investors and their employees can also be accompanied or followed by their spouses and unmarried children under the age of 21 regardless of nationality.
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Take the first step toward achieving your goals today. Contact us for a free consultation and let’s begin your journey together.