How to Obtain an EB5 Visa Through Direct Investment

How to Obtain an EB5 Visa Through Direct Investment

One of the best paths to American citizenship and business ownership is via the EB-5 visa program, also known as the immigrant investor program. The program was started in 1990 by Congress in order to stimulate the U.S. economy through foreign investment and job creation.

To qualify for an EB5 visa, Investors must make an “at-risk” investment in a new U.S. enterprise that will earn profits. The minimum qualifying investment is $1 million unless the business is located in a high unemployment area (at least 150% of the national average rate) or rural area, where the minimum investment is $500,000. The investment must also produce at least 10 new jobs within two years.

Unlike most business visa programs, the EB5 visa does not have any requirements as to the investor’s professional skills, expertise, training or areas of specialization. There are no restrictions on age, and the investor does not need to permanently reside in the U.S.

Million Dollar EB-5 Direct Investor Visa

To qualify for what has been called the “Million Dollar Investor Visa,” an investor must contribute at least $1 million in capital, which can include cash, property, equipment or other assets used in the business. Loans do not qualify unless they are secured by an investor’s personal assets and not the assets of the new business.

In addition, the business must be a “new commercial enterprise” — either a new business or one that was formed after November 29, 1990. The business can also be one that has been substantially restructured after November 29, 1990 as long as the business did not lose employees in the restructuring.

There are no limits to the number of EB5 direct investment partners for the new commercial enterprise, so long as each $1 million investment creates at least 10 new full-time jobs, not including the employment of investors or their family members.

$500,000 EB-5 Direct Investor Visa

The $500,000 investment option is available for investors in a new commercial enterprise located within a “targeted employment area.” There are two different types of targeted employment areas:

• An area with high unemployment (at least 150% of the national average); or
• A rural area, defined as anywhere outside a city with a population of more than 20,000 or more or outside a metropolitan statistical area.

If you are considering starting a new business in the U.S. and are interested in a path to U.S. citizenship, you need the help of a qualified EB-5 visa attorney. Contact one of our experienced business immigration attorneys at (305) 921-0440, or email us at info@jflawfirm.com.

 

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