Qualifications for EB-5 Investor Visa

You need to meet specific criteria to apply for an EB-5 investor visa. For starters, you need a lawyer and accountant with relevant experience. You also need to submit the proper documents. 

Investment In A New Commercial Enterprise

EB-5 visas are given to investors who invest in a new commercial enterprise. The funds must be lawfully obtained, and the investor must be actively involved in managing the enterprise. A new commercial enterprise can be a sole proprietorship, partnership, or corporation. However, the business must have been established after November 29, 1990.

EB-5 investment visas can also be granted for investments in regional centers. These private or public economic units run businesses in an area, creating jobs. Investments in regional centers qualify for lower investment amounts than those in traditional business ventures. The EB-5 investor must actively participate in managing the new commercial enterprise and create at least 10 full-time jobs. Full-time employment is defined as 35 hours a week. The EB-5 investor visa program sets aside 3,000 visas annually for investment in new businesses. Investment in a new commercial enterprise must create at least 10 jobs for U.S. citizens. The USCIS has a list of targeted employment areas and requires investors to invest in one. An immigration attorney can help investors determine whether they qualify for an EB-5 investor visa. They can also help investors remove conditions from their green cards if necessary.

Investment In A For-Profit U.S. Business 

The EB-5 visa requires investors to invest at least $1.8 million in a U.S. business or $900,000 in a TEA (Transfer Economic Area) where unemployment is high. This investment must be in a new or existing for-profit business. In addition, the investor must show management skills and evidence of the investment. The job maintenance requirement is a key part of the EB-5 application. An investor must invest in a business that is already struggling and show that it will create at least ten jobs after the investment. The investor must show the lawful source of the investment funds.

Inheritances

A deceased relative’s inheritance can qualify as investment capital for an EB-5 investor visa. However, it can be complicated to prove the circumstances and relationship of the inheritance. In such cases, you may be required to present additional documentation, such as a copy of your inheritance documents and tax returns. You should consult an immigration attorney before filing your EB-5 application to ensure that your inheritance qualifies.

An EB-5 investor visa is issued to individuals who invest $500,000 or more in an American business. This investment can be used to establish a new business or restructure an existing one. The funds can come from inheritances or other sources. However, if the business is in a specific area, USCIS may require that the investor invest a higher amount of money. The investment amount may also be increased depending on other factors, such as the business’s economic success. Inheritances can qualify as an investment if they are used to create jobs in the U.S. If the EB-5 investor visa application is approved, you must invest in a new commercial enterprise. This investment must create at least 10 jobs for American workers. Your investment can be in one or more wholly-owned businesses.

Eb-5 Investor Visa Requirements

There are a variety of requirements for EB-5 investor visas. Because demand for investor visas exceeds supply, a long wait may be expected for investors from China. EB-5 investors born in mainland China can expect a two-year wait. Also, children of EB-5 investors may “age out” and cease to qualify as a derivative beneficiaries after they turn 21. Investors can receive a conditional green card if they invest at least $500,000 into a qualifying business. Usually, these investors must invest in a project that creates at least 10 jobs. They must hold their conditional green card for ten years and meet the necessary tax requirements. After ten years, they can apply for citizenship. The number of available EB-5 visas is limited to 10,000 per year. Therefore, if you are interested in becoming an EB-5 investor, you must understand the requirements and get the legal help you need.