EB-5 Visa Attorney
The EB-5 visa program is meant to encourage foreign investment in the United States, to create new jobs or to maintain jobs in businesses facing hard times. In exchange for this investment, an immigrant and his or her immediate family may be able to become permanent, legal residents of the country. U.S. citizenship may be the next step for participants.
The U.S. Congress created the EB-5 Program in 1990 to stimulate the U.S. economy. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for foreign participants who invest in commercial enterprises associated with regional centers approved by U.S. Citizenship and Immigration Service based on proposals for promoting economic growth.
Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business, including, but not limited to:
- A sole proprietorship
- Partnership (whether limited or general)
- Holding company
- Joint venture
- Business trust
- Other entity, which may be publicly or privately owned.
This definition includes a commercial enterprise consisting of a holding company and its wholly-owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.
Getting a Green Card Through the EB-5 Immigrant Investor Program
Foreigners willing and able to invest in U.S. businesses, their spouses and unmarried children younger than 21 years old are eligible to apply for a green card (permanent residence) if they …
- Make the required investments in a commercial enterprise in the U.S., and
- Plan to create or preserve ten permanent, full-time jobs for qualified U.S. workers.
To qualify for the EB-5 program, foreign investors need to put money (or an equivalent) into a new commercial enterprise started after November 28, 1990, or in one begun before that date so long as …
- The investment went to purchasing an existing business,
- Which was restructured or reorganized so it’s essentially a new commercial enterprise, or
- It grew because of the investment so that its net worth or number of employees increased at least 40%.
Immigration Attorney Essential To Securing an EB-5 Investor Visa
Something as highly specialized as an EB-5 visa for investors requires an immigration attorney at your side. Unlike more run-of-the-mill legal procedures, the EB-5 visa for investors is complicated and is intended for a narrow segment of foreign investors who are seeking permanent residency in the U.S. It’s important not to select a generalized attorney. Rather, you need a highly experienced immigration attorney who frequently handles legal cases involving financial investments, visas, immigration laws and the path to U.S. citizenship.
EB-5 Immigrant Investor Visa Attorney in Lexington, KY
If you are planning to purchase or start a commercial enterprise under the above guidelines and are interested in securing an EB-5 Visa for Investors, contact an attorney at Carman Fullerton in Lexington, KY, at (859) 971-0060. We can guide you through the legal process and file all court documents on your behalf.
Amount of Investment Required for an EB-5 Visa
The minimum investment is $1 million, but if the enterprise is in a Targeted Employment Area (High Unemployment or Rural Area), it would be $500,000. The EB-5 applicant, if accepted into the program, is given conditional permanent residence. If the conditions aren’t met in two years (the enterprise needs to meet its employment goals), the green card application could be rejected.
An EB-5 investor needs to invest the required amount of capital in a new commercial enterprise that will create or maintain permanent, full-time jobs (at least 35 hours/week) for at least ten qualifying employees.
- If the new commercial enterprise isn’t located within a Regional Center Program (RCP), jobs must be created directly by the new commercial enterprise to count.
- If the new commercial enterprise is part of an RCP, the full-time jobs can be created directly or indirectly.
- Direct jobs are positions filled by employees of the new commercial enterprise.
- Indirect jobs are those held outside the new commercial enterprise created due to the activities of the new commercial enterprise.
- If the enterprise is a troubled business, the EB-5 investor may count jobs that were maintained by the investment which would have been eliminated otherwise. The number of these jobs must be maintained at the pre-investment level for at least two years.
Carman Fullerton Provides EB-5 Visa Legal Representation
Those interested in an EB-5 visa need to invest a substantial amount of money, time and energy, so it would be wise for the person to look in detail at the program and consider whether potential investments appear legitimate and worthwhile. Contact an EB-5 Visa attorney at Carman Fullerton in Lexington, Kentucky to obtain legal representation to increase the chances of your success. For an initial consultation, call (859) 971-0060.