Investor Immigrant Visa EB-5
Investor Immigrant Visa

Until recently, EB-5 visas were immediately available to individuals willing to invest significant cash, equipment, inventory, other tangible property, and easily convertible cash equivalents in the United States. However, beginning June 2015, the quota for China was exhausted, leading to significant delays between approvals and an ability to take advantage of the visa to live, work and remain in the US. Availablity for other countries remained current.

Qualifying investment amounts include:

  • $1,000,000 or
  • $500,000 in targeted rural areas

Targeted rural areas are identified by the U.S. census or the Office of Management and Budget or certified by a State government as specified locations that are experiencing average unemployment at least 150% greater than the national average.

Requires:

  • legally obtained assets, or indebtedness secured by such assets, if at personal risk (e.g., not secured by a qualifying commercial enterprise).
  • in active investments, daily managerial control or at least policy formulation as a corporate officer, director, or partner, but in passive investments, this is not required.
  • a for-profit business whether sole proprietorship, limited or general partnership, corporation, business trust, joint venture, holding company, wholly owned for-profit commercial subsidiary, mutual investment fund, or other entities publicly or privately owned.

Investment in a new enterprise must benefit the U.S. economy and create full-time employment for at least ten full-time qualified employees, which excludes the investor, the investor's immediate relatives and non-immigrant employees. An existing commercial enterprise can also qualify without necessity for reorganization or reincorporating, if the infusion of capital increases net worth or the number of qualifying U.S. workers employed by 40%. Alternatively, a troubled pre-existing commercial enterprise can qualify if it has been in operation for at least two years, incurred a net loss of at least 20% of net worth during one of the two years preceding the investment, and ten U.S. jobs will be saved.

Multiple Investors: Each investor in the same enterprise must meet the minimal capital requirement, but if some foreign investors do not seek immigration through the investment, the job creation requirement (but not captial requirement) can be met pro-rata by the remaining immigrating investors.

Conditional residency: Investors, their spouses and dependent children are subject to "conditional" permanent residence for a two-year period, after which they become eligible to file for an end to conditional status. The entrepreneur must have continuously maintained the investment during the period of conditional residence. The business must have been actually established and not solely to evade immigration laws. USCIS will examine the business at the end of the two-year period to determine whether or not the individual has complied with all of the EB-5 visa's requirements, which can create uncertainty whether the investment/immigrant strategy will ultimately succeed.

Messing Law Offices provides expert immigration lawyer advice to determine if an applicant meets the requirements for an EB-5 or other investor immigrant visa, including assistance with documentation to establish qualifications, advice about visas for accompanying family members, removal of conditions on permanent residency, and naturalization based upon extensive experience as a professional immigration attorney. Contact Messing Law Offices (520) 512-5432.