EB-5 Investment Creation
Cupertino Business Immigration Lawyer
Also known as EB-5, the Immigrant Investor Program was created by Congress
to stimulate the U.S. economy. Section 203(b)(5) of the Immigration and
Nationality Act (INA), allocates 10,000 "EB-5" immigrant visas
per year to qualified individuals seeking Lawful Permanent Resident (LPR)
status in the United States. EB-5 Visas are set aside for investors who
invest in new commercial enterprises, including those:
- Established after November 1990; and
- Established on or before November 1990 (if the business is purchased and
restructured or reorganized so that a new commercial enterprise results,
or expanded through investment so that a 40% increase in the net worth
or number of employees occurs)
Foreign investors have to meet United States Citizenship and Immigration
Services (USCIS) requirements if they desire to obtain permanent residency
through the EB-5 Visa program.
The Requirements You Must Meet to Obtain an EB-5 Visa
A commercial enterprise can include a sole proprietorship, a partnership,
a holding company, a joint venture, a corporation, a business trust or
other entity that is publicly or privately owned. Job creation requirements
involve the following:
- Create or preserve at least 10 full-time jobs for qualifying U.S. workers
within two years
- Create or preserve either direct or indirect jobs
Direct jobs are "identifiable jobs for qualified employees located
within the commercial enterprise that the EB-5 investor has invested his/her
capital in." Indirect jobs are "jobs shown to have been created
collaterally or as a result of capital invested in a commercial enterprise
affiliated with a regional center by an EB-5 investor." In the event
of a troubled business (or if you invest in a declining business with
a net loss for 1 or 2 years equaling at least 20% of total net worth),
investors may only be credited with preserving jobs.
Capital means cash, equipment, inventory, other tangible property, cash
equivalents, or an indebtedness secured by assets owned by an alien entrepreneur.
The minimum qualifying investment in the United States is $1 million.
The minimum qualifying investment for an area with a high-unemployment
rate or that is primarily rural is $500,000.
If a foreign national investor's petition is approved, the investor
and his/her dependents are granted conditional permanent residence in
the U.S. (valid for two years). Ninety days before the conditional permanent
residence expires, the investor must prove with documented evidence that
the full investment was made and that 10 jobs have been maintained, created
or will be created within a reasonable time period.
For more information, check out the following beneficial links:
- Green Card Through Investment, U.S. Citizenship and Immigration Services
- EB-5 Immigrant Investor
- EB-5 Immigrant Investor Process
- EB-5 Regional Center
- EB-5 Immigrant Investor Pilot Program
Looking for a Cupertino business immigration attorney with
more than 16 years of legal experience? Attorney Widman at The Law Office of Timothy D. Widman would love to
answer any of your questions concerning obtaining EB-5 status/EB-5 Visa.
He has assisted investors and businesses from a broad range of industries
with their immigration needs. Whether you are seeking to invest in a business
venture in Santa Clara, Mountain View, Sunnyvale, San Jose, Milpitas,
Fremont, or a surrounding area, we can help.
testimonials from some of Mr. Widman's past clients, and contact the office now
for an initial