While the EB-5 Visa Program has evolved over time, its core mission remains intact. The EB-5 Visa is designed for developers who are in search of capital for obtaining an EB-5 project, as well as individual investors, who can seek a green card based on a $500,000 to $1 million investment in a U.S. business.
At our law firm, Jurado & Associates, P.A, we have a unique experience because we have helped both large commercial businesses seeking foreign capital and individual investors from all over the world in applying for EB-5 Visas.
Our team of expert Immigration & Business Lawyers has years of experience in the complex business and economic structuring needed to qualify for an EB-5 Visa. Please read on to learn how you can obtain an EB-5 Visa and how a Jurado & Associates, P.A. Lawyer can help you.
EB-5 Visa Program Summary
Whether you are looking to enter the regional center program or apply as an individual foreign investor, all EB-5 Visa applicants must invest in a commercial enterprise.
In order to qualify, the EB-5 Commercial Enterprise must have been established after November 29, 1990.
If established on or before November 29, 1990, the EB-5 Business must be purchased by the EB-5 Investor and then:
- Restructured or reorganized in such a way that an entirely new commercial enterprise results, or
- Expanded through the EB-5 Investment, causing a 40% increase in the net worth or the number of employees.
When it comes to the type of business required by USCIS for the EB-5 Visa, any business activity that generates a profit will qualify if it is created as either a:
- Partnership.
- Sole proprietorship.
- Joint venture.
- Holding Company; or
- Corporation.
Job Creation
One of the main aspects of the EB-5 Visa Program is the job creation requirement. In order to qualify for an EB-5 visa, a business must be able to create and maintain at least 10 full-time jobs for U.S. workers within two years after the EB-5 Investor’s admission to the United States under the status of Conditional Permanent Resident.
EB-5 qualifying investments must lead to either direct job creation or indirect job creation if the investment is affiliated with a regional center approved by the USCIS. Direct jobs are defined as identifiable jobs for qualified U.S. employees located within the commercial enterprise into which the EB-5 Investment was made. Indirect jobs are defined as jobs that have been created collaterally or jobs that are the result of capital invested by an EB-5 Investor in a commercial enterprise affiliated with an approved regional center.
As an exception to the traditional direct or indirect job creation requirements, EB-5 Investors may also seek to show that they will preserve jobs in a troubled U.S. business, which is defined as a commercial enterprise (with at least two years of existence) that has incurred a net loss during, at least, a 12-month period prior to the date of the EB-5 investment.
Capital Investment
The EB-5 Visa Program requires that capital be invested directly into a commercial enterprise. The investment can be either cash, equipment, inventory, cash equivalents, and/or indebtedness secured by assets owned by the EB-5 applicant. It is important to note that investments secured by debt require that EB-5 Investors be personally and principally liable for the indebtedness. All invested capital will be valued at fair market value in U.S. Dollars. Furthermore, all funds or assets acquired for the investment must be obtained through lawful means and applicants must provide solid evidence of the source of the funds.
When it comes to the amount of capital necessary to fulfill the investment requirement, EB-5 Investors must invest at least $1 million in the U.S. commercial enterprise. However, if the applicant is looking to invest capital in a business that is in a Targeted Employment Area – an area of high unemployment or a rural area – then the minimum qualifying EB-5 Investment is $500,000.
Jurado & Associates, P.A. – EB-5 Visa Experts in Florida
If you are looking to enter the United States to further your business career and have determined that the EB-5 Visa is the best option for your unique needs and goals, then the first thing you need to do is hire a qualified Immigration Lawyer who can assist you in preparing a solid EB-5 Visa application.
To schedule an initial consultation with one of our EB-5 Visa experts, call us today at (305) 921-0976 or send us an email to [email protected].
