An EB-5 visa is an immigration option for entrepreneurs willing to invest significant sums in the United States. If an entrepreneur receives an EB-5 visa, they may bring their family to the U.S. and have a path to eventual citizenship.
This visa category requires a complex application process and compliance with regulations governing the investment after arrival in the U.S. Anyone hoping to use the EB-5 process to immigrate to the U.S. or already in the U.S. on an EB-5 visa should work with a seasoned business immigration attorney.
A Winter Haven EB-5 visa lawyer has counseled many investors and their families about obtaining an investor’s immigration visa. They could help you navigate the process and secure Legal Permanent Residency for you and your loved ones.
The EB-5 visa category is an employment-based visa. However, it does not require an applicant to have a job offer or possess in-demand skills. Instead, you must invest money in an American enterprise and carefully manage your investment. Your investment in an existing, struggling business or a business you create must maintain or produce at least ten jobs for American workers.
The investment the EB-5 visa requires is significant. If the investment is directed toward a business in a rural area or an area experiencing high unemployment, the minimum investment is $800,000. You also could invest $800,000 in a Regional Center, an entity set up to manage foreign investment in local infrastructure projects. Otherwise, the minimum investment is $1,050,000.
You must prove you own the capital you intend to invest and that it was obtained legally. Providing adequate documentation is often challenging and time-consuming. A Winter Haven EB-5 visa attorney could assist you in collecting and presenting the necessary documents to U.S. Citizenship and Immigration Services (USCIS).
Your intentions and timeframe might determine whether you invest directly in a struggling business, start your own business, or invest in a regional center. Any of these vehicles could support an application for an EB-5 visa.
If you invest in a struggling business, you must assume managerial responsibility. At the end of the two-year conditional period, you must show that at least ten full-time, permanent jobs were preserved because of your investment. The employees must be U.S. citizens, green card holders, or others working legally in the United States. They cannot be your family members.
If you opt to start your own business, you must also work in the business with managerial responsibilities. At the end of the conditional period, you must show your business created ten full-time, permanent jobs for U.S. citizens and green card holders.
If you choose to invest in a USCIS-certified Regional Center, you need not work in the enterprise, and you can meet the job creation requirement indirectly. There is usually less need to conduct due diligence before investing, and the EB-5 application process might be faster. Florida hosts more than 50 USCIS-certified Regional Centers, and an attorney could direct you to one that suits your needs and interests when applying for an EB-5 visa.
The EB-5 visa is an effective tool for people with substantial assets who want to relocate to the United States permanently. The application process is faster than for many other visa types, but the documentation requirements are substantial.
A Winter Haven EB-5 visa lawyer could assist you in every aspect of this process, including by helping you find an appropriate investment project. Reach out today to speak with a seasoned immigration attorney.
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