A US investor eb5 visa allows you expedited access to a green card by investment. You, your spouse and your children under the age of 21 are covered by one us investor visa. This article provides a brief overview of eb5 visa requirements, with a focus on the business end of getting a green card by investment. Topics such as capital requirements, job creation, and the advantages of investing in EB5 troubled businesses are discussed. We are eb5 attorneys that focus on business. Contact Saboor H. AbdulJaami for help securing your green card by investment.

A U.S. investor visa is your ticket to expedited permanent residency in the United States. Known as the EB-5 visa (eb5 visa), this visa welcomes you, your spouse, and all of your unmarried children who are less than twenty-one years of age to a green card through investment in the USA. Key details:

Availability of US Investor EB5 Visa

Immediate. The U.S. sets aside 10,000 visas for US investor immigration every year. Of the 10,000 visas, 3,000 are allocated to non-Regional Center US investment visas. Of those 3,000 visas, historically, less than 300 are utilized in any given year. This means that as soon as you meet the requirements, an investor green card is immediately available for you. You avoid the downside of most other US green card visas – tremendously lengthy waiting lists.

This article is most helpful to investors who are willing to actively manage their investment in the U.S. For information about passive management Regional Center eb5 visas, click here.

Due to the rapidly decreasing amount of available regional center eb5 visas and immigrant investors' ability to control investment performance and job creation, US investor EB-5 visas that require active management are becoming the preferred route for discerning US investor immigrants.

Investment Required

A minimum of US$ 1,000,000. Investors who are willing to invest in areas of the U.S. that have high unemployment (150% of the U.S. national average unemployment) may invest as little as US$ 500,000.

Core Requirements

1) creation of ten (10) 35+ hour/week jobs for U.S. citizens, residents, etc. (you/spouse/child cannot be included); and

2) active management of the business through exercise of day-to-day executive level control or board level policy.

Family Coverage

You, your spouse, and your unmarried children 21 years of age or younger are covered. If you divorce, or die, or your children marry after you are accepted for US investor immigration, your children and former spouse continue to qualify for an investor visa green card.

Capital Investment

To get a US investor eb5 visa, you will need to invest capital worth at least US$ 1,000,000 ($500,000 if in a high unemployment area) and "establish a new commercial enterprise" in one of the following ways: (i) you can start a new business; (ii) you can purchase and restructure or reorganize an existing business; or (iii) you can purchase and expand an existing business so that the result is a 40% increase in the business' net worth or a 40% increase in employees. Unless you invest in an EB5 troubled business, your investment must result in the creation of ten (10) jobs that require at least a thirty-five hour work week over a two year period.

Capital investment in an EB5 troubled business will also result in a USA investment visa. To qualify as an eb5 troubled business, a business must: (a) have been in existence at least two years; (b) for US GAAP accounting purposes, have incurred a net loss during the twelve or twenty-four months immediately prior to your US investor visa application; and (c) the net loss must equal at least 20% of the business' net worth prior to the loss. The advantage of investing in an EB5 troubled business is that the job creation requirement, typically 10 jobs per investor, is more accommodating. Investors in eb5 troubled businesses only need to show that that number of existing employees is being or will be maintained at no less than the pre-investment level for a period of at least two years. EB5 troubled businesses fall under the category of purchasing and expanding an existing business.

Active Management

You are required to actively manage your investment through the exercise of direct day-to-day managerial control or through board level policy formulation. Practically speaking, this means that if the business you invest in is a corporation, you must prove that you are an executive or on the board of directors. If the business is a general partnership, you must show that you are directly engaged in management or setting policy. Properly structured limited partnerships meet the "active management" requirement.

Multiple Investors Permitted

The US investor EB5 visa focuses on job creation. If you invest the required amount of capital as outlined above, and create 10 qualified full-time jobs in the U.S., you will receive a permanent residency US investor visa and be eligible to become a naturalized citizen of the U.S.A. Additionally, as long as the capital and job creation requirements are met, more than one foreign investor can invest in any given project, and each will receive a US investor visa.

Another way to say this is that: x + y = z, and 2x + 2y = 2z, etc., where

x = US$ 1,000,000 invested [$500,000 if in a high unemployment area];

y = ten (10) 35+ hour/week jobs created [less for an EB5 troubled business]; and

z = one (1) US Investor Visa awarded [covers investor, spouse, children less than 21 y.o.]

Moreover, if you are interested in investment immigration to US, but cannot personally provide all of the capital required, you may enlist multiple investors to provide capital alongside you. Those investors can be individuals or entities, located in or outside of the U.S. However, all sources of invested capital must be identified and it must be proved that all invested capital has been derived by lawful means. The jobs that are created will count towards your US investor EB5 visa. You are not required to allocate any jobs to U.S. or non-U.S. individuals or entities that are not seeking U.S. investor immigration.

An investor visa green card may be applied for by filing a Form I-526 Immigrant Petition by Alien Entrepreneur. Insofar as the Form I-526 requires disclosure of the details of your investment and the capital employed, you will need to structure your investment and create or purchase a U.S. business before you file your petition.

Your investor green card petition will need to be accompanied by evidence that proves the following:

  1. that you have established a new commercial enterprise as discussed above;
  2. that you have committed, or are in the process of committing the required amount of capital, and that the capital is at risk for the purposes of generating a return on capital;
  3. that the invested capital has been generated through lawful means;
  4. that your investment will create at least ten (10) full-time jobs within two years of the date of your petition, or, if you invest in an EB5 troubled business, that the number of existing employees is being or will be maintained at no less than the pre-investment level for a period of at least two years;
  5. that you will be actively involved in the management of the business; and
  6. if applicable, that your investment is in a high unemployment area.

The evidence requirements for an investor green card are detailed and thorough. For example, to show that you have established a new commercial enterprise, you will need to provide, "as applicable, articles of incorporation, certificate of merger or consolidation, partnership agreement, certificate of limited partnership, joint venture agreement, business trust agreement, or other similar organizational document for the new commercial enterprise."

After your us investor visa has been reviewed and approved, you will receive an I-551 stamp that is proof that you are a U.S. permanent resident, conditioned on your completing the capital investment and meeting the applicable job creation required. Congratulations, you have received your investor green card and are now able to take up permanent residence in the U.S.A.!

Most EB5 attorneys focus on advising on the immigration aspect of the US investor visa application process. We engage experienced immigration lawyers to address immigration issues, or work with your preferred immigration counsel. Unlike most EB5 lawyers, we focus on helping you with the business end of the process – structuring capital, creating or buying businesses, etc.

The US investor eb5 visa process is a complex process that allows room for creativity. Let an experienced eb5 business lawyer help you to your green card by investment.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.