One of the fastest ways that a foreign national would be able to obtain an immigrant visa to the Unites States is through the EB-5 Visa category. Although this type of visa has it’s drawbacks, mainly the alien entrepreneur would need to either invest $500,000.00 or $1 million dollars into the Unites States economy depending on whether he/she would be investing the capital investment into some sort of for profit business as explained below or a targeted employment area, nevertheless it could be one of the fastest ways to obtain a conditional green card for two years upon approval of the aliens application, and the removal of those conditions after two years upon a showing to USCIS that the alien has satisfied ALL the requisite requirements described generally below.
Below we would be discussing and giving a general overview of how the EB-5 visa category may be beneficial to you and your family.
It should be noted that the information provided in no way creates an attorney-client relationship and is provided for the sole purposes of giving information to the reader. Should you have any questions please feel free to contact out office or any other qualified attorney.
REQUIREMENTSA) INVESTMENT IN A NEW COMMERCIAL ENTERPRISE
A “new commercial enterprise” has been defined by the USCIS (United States Citizenship and Immigration Services Office) as any;
Business trust or any other entity publicly or privately owned.
For purposes of fulfilling this requirement the USCIS has designated in each state a number of businesses called “regional center” in which the alien entrepreneur would be able to make his or her investment in. The questions lingering in most people’s mind is what will happen to my money? USCIS does not guarantee that any of the regional centers would necessarily meet the job creation element that would be discussed below nor do they guarantee or endorse any of these “regional centers.” As such, it is incumbent upon the alien entrepreneur to conduct it’s own due diligence when deciding where to invest it’s money.
This is a pivotal part of the process. Having a good and trained attorney who works with economists and accountants that could look into the business in which the money would be invested into could really help an alien investor. Although, nothing is a guarantee and businesses fluctuate all the time, having a business minded attorney who has a team to guide you through this process would be very beneficial to at least help you make an informed decision.
B) CAPITAL INVESTMENT
The capital investment requirement for the EB-5 Investment category visa depends on whether you are making the investment in a general business, meaning that you are not going to be investing the money into what the USCIS has called a Targeted Employment Area (an area with high unemployment or in a rural area).
1. FORM: The capital investment could take many different forms, such as; cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the alien entrepreneur.
2. Required Minimum: As mentioned above the required minimum depends on where the money will be invested. If the capital investment will be invested in a new commercial enterprise the required minimum would be $1 million dollars. On the other hand, if the capital investment would be invested in a Targeted Employment Area it needs to be at least $500,000.00.
C) PROCESSING TIMES
Currently the processing times are anywhere between 8 to 16 months. This is just a general overview of the EB-5 visa process and the required elements. We will be posting more blogs relating to this matter. If you have any questions feel free to contact us.