Moving to the United States and leaving a spouse and children behind is not a pleasant experience for many visa holders. Is it possible to bring your family to America with an EB-5 visa? Read on to find out.
EB-5 Immigrant Investor Program – The Essentials
Administered by USCIS, the EB-5 visa category has two basic requirements that applicants must fulfill:
- To invest the required amount of capital in a new commercial enterprise, and
- To create at least ten full-time job positions for qualifying US workers
Under USCIS terminology, the term “new commercial enterprise” refers to “any for-profit activity formed for the ongoing conduct of lawful business, including:
- A sole proprietorship
- Partnership (whether limited or general)
- Holding company and its wholly owned subsidiaries (provided that each subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business)
- Joint venture
- Corporation
- Business trust
- Limited liability company, or
- Other entity, which may be publicly or privately owned”
Direct EB-5 Investments vs. Regional Center Investments
Applicants have the option to make a direct investment in an EB-5 enterprise or make a Regional Center investment.
Examples of direct investments include forming a new company or purchasing an existing business in the United States. Foreign investors that opt for a direct investment will generally have more control over the business’s daily operations and management.
In such cases, USCIS requires that the EB-5 enterprise must create the ten required positions and serve as the direct employer to the qualifying workers.
Conversely, investing in a Regional Center requires less involvement in the company’s daily operations, with the possibility of eventually get back the amount of capital invested in the form of returns.
Regional Centers are business entities regulated by USCIS, functioning as a pool of capital to fund projects to stimulate the US economy. Applicants who decide to invest in a regional center can fulfill the employment requirement with direct or indirect jobs.
Indirect jobs are positions not held within the EB-5 enterprise but created as the result of the applicant’s investment.
Currently, the minimum amount of investment required for standard EB-5 applications is $1,050,000. Those willing to invest in a Targeted Employment Area (TEA) may qualify for a reduced investment of $800,000, which will be directed to boost the economy in a rural area or an area affected by high unemployment rates.
Can I Bring My Family with EB5 Visa? – The Verdict
An excellent aspect of the EB-5 classification is the possibility to be admitted to the United States with a spouse and qualifying children. This unique visa provides a direct legal path for foreign nationals who want to reside, work, and study anywhere in America.
Several business-related visas restrict the principal’s ability to work in different segments, as well as the dependents’ opportunities in terms of employment and education. Under EB-5 status, both the principal and the dependents have unrestricted work authorization.
In addition to unlimited employment opportunities, EB-5 visa holders gain access to the same education that US citizens enjoy, which includes a myriad of public and private institutions.
The American Dream is Not Over – Immediately Contact Attorney Romy B. Jurado
Waste no time with uncertainty. Contact Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] for an individual consultation.
