We are pleased to offer assistance to foreign investors seeking EB-5 Visas.
To classify for an EB-5 Visa, a foreign investor must invest in a new commercial enterprise, which is a commercial enterprise that is:
- Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
- Expanded through the investment so that at least a 40-percent increase in the net worth or number of employees occurs
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; or
- 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.
Job Creation Requirements
There are also the following job creation requirements for an EB-5 investor:
An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees.
Generally, the full-time positions must be created directly by the new commercial enterprise to be counted. This means that the new commercial enterprise (or its wholly owned subsidiaries) must itself be the employer of the qualifying employees. (However, for a new commercial enterprise located within a regional center, the full-time positions can be created either directly or indirectly by the new commercial enterprise.)
Direct jobs are those jobs that establish an employer-employee relationship between the new commercial enterprise and the persons it employs.
In the case of a troubled business, the EB-5 investor may rely on job maintenance.
The investor must show that the number of existing employees is being, or will be, maintained at no less than the pre-investment level for a period of at least 2 years.
Capital Investment Requirements for EB-5 Visa Classification
Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital shall be valued at fair-market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) shall not be considered capital for the purposes of section 203(b)(5) of the Act.
Note: The immigrant investor must establish that he or she is the legal owner of the capital invested. Capital can include the immigrant investor’s promise to pay (a promissory note) under certain circumstances.
Required minimum investments are:
General. The minimum qualifying investment in the United States is $1 million.
Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.
How We Can Help You
In addition to assisting you throughout the EB-5 Visa application process, we can assist you pre-application in:
- Investigating and selecting a viable commercial enterprise;
- Drafting your business plan;
- Researching and purchasing or leasing commercial real estate for your enterprise;
- Forming your commercial enterprise (business structure);
- Putting you into contact with successful foreign investors so that you may draw on their experience to help yours go as smoothly as possible and increase your probability of success.