The EB5 Visa for Immigrant Investors
Today in the United States, the process for achieving a green card can be long and difficult. As an incentive to investors willing to help build the U.S. economy, Congress created the EB5 visa to help those willing to invest come to America. For those people who qualify for the EB5 visa, the long, difficult, process may now be over.
What is an EB5 Visa?
An EB5 visa provides a way for you to attain a green card through investment. Under the EB5 program, you, your spouse, and your dependents 21 years of age or younger can be covered by one US investor petition. The US sets aside 10,000 visas for US investor immigration each year. The maximum number of visas to be given to investors for immigration has not yet been met in a single year, so the opportunity is ready and waiting.
What are the requirements for an EB5 Visa?
To qualify for an EB5 visa, there are a few requirements to be met. First, an investment is required. The investor will need to invest a minimum of $1,000,000 to establish a new commercial enterprise, unless the area the in which the investor is willing to invest has a particularly high unemployment rate (150% of the U.S. national average unemployment). Then, the investor need only invest $500,000.
Additionally, through your investment, you will need to create a minimum of ten jobs for U.S. citizens. This job requirement excludes you, your spouse, or any of your dependents.
Finally, you will also need to show that you are actively involved in the commercial management of the day to day business of the new commercial enterprise on an executive or board policy level.
What does “establish a new commercial enterprise” mean?
To qualify as a new commercial enterprise for EB5 visa purposes, the business must be one of the following:
- A business that was first created after November 1990.
- An older business that you purchased and restructured or reorganized in a way that a new commercial enterprise results, or
- An older business that you purchased and were able to grow through your investment so that the net worth of the business, or number of employees, grows by at least 40%.
The first step on your road to citizenship.
If you are looking to come to the US, and are willing to invest in a business, contact the Arizona immigration attorneys at Gunderson, Denton and Peterson. They can help you through the complex EB5 visa process which leads to permanent resident status as an immigrant investor, and opens the way for eventual naturalization to become a U.S. citizen.
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