immigration visa lawyer
    Law Office of Bartlett & Associates, PLLC

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  • Experienced immigration attorneys prepare and file your case
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EB-5 Visa
Immigrant Investor

The EB-5 visa for Immigrant Investors is a United States visa created by the Immigration Act of 1990 to stimulate the U.S. economy. This visa provides a method of obtaining a green card for foreign nationals who invest at least $1,000,000, which creates at least 10 jobs in the United States. Certain EB-5 visas are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth for high-unemployment or rural areas in the United States, who’s investment is reduced to $500,000.

All EB-5 investors must invest in a new commercial enterprise, established after Nov. 29, 1990. Unless the commercial enterprise was established on or before Nov. 29, 1990, and the commercial enterprise is, 1) Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or 2) Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs.

A commercial enterprise is defined as any for-profit activity formed for the ongoing conduct of lawful business which would include, but are not limited to: sole proprietorship, partnership (limited or general), holding company, joint venture, and corporation.

In order to obtain an EB-5 Visa, the applicant must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor’s admission to the United States. The jobs may be created directly or indirectly. Direct jobs are within the commercial enterprise into which the EB-5 investor has directly invested his or her capital. Indirect jobs are as a result of capital invested in a commercial enterprise. Proof of this requirement may be in the form of I-9’s or through a business plan explaining how this requirement is met and certified by a Public Accountant.