The EB-5 Visa, also known as the Immigrant Investor program, was created to encourage the flow of capital by foreign investors and to stimulate job growth within the United States. The EB-5 serves as a Green Card that allows foreign entrepreneurs and their dependents to live in the United States while they manage their large-scale investments.
If you are a foreign investor who is considering investing in a U.S. enterprise, the EB-5 Visa may be your best option, and a skilled legal professional could help. A qualified Aurora EB-5 Visa lawyer could use their knowledge of this specific area of law to address any of your needs and concerns as you begin the process of obtaining this type of Green Card.
EB-5 Visa Requirements
In 2019, the Department of Homeland Security (DHS) increased the minimum capital investment requirements for foreign investments. Both pathways now require the applicant to make an initial capital investment of either $900,000 or $1.8 million dollars on a new commercial U.S. enterprise.
The lower amount is reserved for investments made in a rural area or a Targeted Employment Area (TEA). A town that has a population of less than 20,000 people, is located outside of a metropolitan statistical area, and is facing an unemployment rate of at least 150 percent than that of the national average could be classified as a TEA.
Foreign investors must be able to demonstrate a lawful path and source of their investment funds and be able to show how their investment will stimulate the U.S. economy. They must also be investing in a lawful and active U.S. commercial enterprise, such as a corporation, business trust, sole proprietorship, partnership, or holding company.
An applicant’s invested capital must create at least 10 full-time jobs for U.S. employees within two years from the time he or she makes the investment. Job creation must either be a direct result of the applicant’s investment or an indirect result of the company’s activity to which the applicant invested.
If applicants are investing in a troubled business, they can satisfy the job creation requirement by proving the investment preserved 10 or more jobs within the two-year time span. A troubled business is a business that has consistently experienced a net loss for more than two years that.
A qualified Aurora lawyer could help foreign investors assess their unique situation so that their investments may be sound and conform to EB-5 visa regulations.
Regional Pilot Program
In addition to the Basic Investor Program pathway to the EB-5 Visa, interested investors can also pursue a second option called the Regional Pilot program. The main difference between the two paths is that the Pilot program allows for investments to be made to Regional Centers. The United States Citizenship and Immigration Service (USCIS) can provide a list of all EB-5 Regional Centers located in the United States.
When an applicant invests capital in a Regional Center, the Regional Center helps manage the day-to-day operations of the business and the creation of the required number of jobs as per the EB-5 regulations. Most Regional Centers are located within a TEA location, so the reduced economic investment of $900,000 applies.
It is important for investors to research the Regional Center they are looking to invest in wisely to ensure it has a track record of smooth operation. An EB-5 visa attorney in Aurora could ensure that an applicant has access to all of the necessary information about this program before he or she decides to invest.
An Aurora EB-5 Visa Attorney Could Help You Become a Foreign Investor
If you are a foreign investor looking to make a sound investment on a U.S. enterprise, a qualified Aurora EB-5 Visa lawyer may be able to clarify your best approach so that you are supported in the process. Legal representation could be crucial to ensure a successful application process, so do not hesitate to contact an attorney. Call today to schedule a consultation and learn more about your options.