Weston Investment Green Card Attorney

The EB-5 immigrant investor program was created in 1990 to stimulate the U.S. economy through job creation and foreign investments. It gives foreign national entrepreneurs the opportunity to apply for permanent residency in the States if they make an investment in a U.S. commercial enterprise and plan to create or preserve at least ten jobs for U.S. workers. If you wish to enter the U.S. as an investor, contact a Weston Investment Green Card Attorney who can help you through the process.

Investment

To qualify for an EB-5 investment green card, an investor has two investment options. The amount of his or her investment in a U.S. business must be either:

  • $1,000,000; or
  • $500,000, if the investment is made in a rural or high-unemployment area.

Further, unless the investment is made in a rural or high-unemployment area, the immigrant investor must directly oversee the business.

Further, the investment must be made in a new commercial enterprise. This can be either a business established after November 29, 1990, or one established on or before that date, and either:

  • Purchased and restructured such that a new enterprise is created; or
  • Expanded through investment to at least a 40 percent increase in net worth or the number of employees.

The investor must invest capital in the business, meaning cash, equipment, inventory, other property, or securities, and the investment capital may not be borrowed. Generally, the investor must put the entire amount of the investment at risk.

Job Creation and Preservation

The immigrant investor must plan to create or preserve at least ten full-time permanent jobs for qualified U.S. workers within two years of approval of his or her visa. The jobs may be created either directly or indirectly. Direct job creation includes actual identifiable jobs in the commercial enterprise into which the investor has invested capital.

Indirectly created jobs are either those that come into existence as a collateral result of the business’s creation, or those that are created when an investor invests capital in a business associated with a designated regional center. Designated regional centers are organizations that have been pre-approved to accept investments of $500,000 from EB-5 visa applicants.

Preserved jobs only count toward the ten-job minimum if the jobs are preserved in a troubled business. To qualify as a troubled businesses, an enterprise must have been in existence for at least two years and must have netted a loss during the past one or two years before the immigrant investor’s EB-5 visa application. The loss must be at least 20 percent of the business’s net worth before the loss.

The ten jobs must be held by qualified workers, which include U.S. citizens, permanent residents, or other authorized immigrants, not including the immigrant investor. Job-sharing arrangements, wherein two or more employees share the duties and hours of a full-time position, may count toward the ten jobs.

Duration and Family and other things

Ten thousand EB-2 visas are issued per year. Successful applicants may bring their spouses and unmarried children under 21. Family members must file a Form I-485, and they count toward the 10,000 cap.

If the visa is approved, the applicant gets conditional U.S. residency. One year and nine months later, the immigrant investor may apply to remove the condition, after which he or she becomes a permanent resident.

The attorneys at the Law Offices of Alex T. Barak are experienced in bringing immigrants to the U.S. under investor visas. If you are considering immigration, please contact an experienced Weston immigration attorney for a free initial consultation.