Investment Visa EB5

One of the ways for the business immigration investor to qualify for the immigration to the US is to get the green card through EB-5 employment creation or investment visa. It is an employment-based fifth preference visa.  In 1990 the EB-5 Immigrant Investor Visa Program was created with an intention to encourage economic growth and foreign investments.

People with high net-worth qualify to immigrate to the US permanently by investing in the job-creating enterprise. To get an EB-5 visa, you must invest in the new commercial enterprise that was:

  • Established before or on November 29, 1990, but will be bought and restricted to create a new commercial enterprise
  • Expanded through the investment wherein there is an increase of 40% either in the net worth or the number of employees

Wondering what type of commercial enterprise? A commercial enterprise is any for-profit activity that is created for the on-going conduct of the lawful business. It includes the following:

  • Corporation
  • Sole Proprietorship
  • Partnership
  • Joint Venture
  • Holding company
  • Business trust which is either private or public owned

Not all investments qualify for the EB-5, the investments that qualify for EB-5 are:

  • New commercial enterprise with an investment of more than $1.8 million that is sure to create ten new full-time jobs. The creation of jobs should happen before the investor files the I-526 or a solid business plan should be there to prove that jobs would be created within the two years with conditional permanent residency time period. These jobs should be maintained during the whole two-year conditional permanent residency period till you file the I-829 to get the condition removed.
  • Targeted or rural employment area commercial investment of $900,000.
  • The investment should benefit the economy of the US and provide goods and services into the domestic market.
  • The capital investment need not be all cash. It can comprise of stock, cash equivalents or assets that the investor owns and they are liable for.
  • The petitioner might be involved right in the management capacity or as the limited partner.

The jobs created in EB-5 project are direct, indirect and induced. There are a few cases where the EB-5 visa applicant needs to verify that EB-5 capital results in the actualization of the direct jobs of employees working in the business directly in which the investment was done. The jobs created for American residents and incoming foreign investments, benefits the economy.

We understand that your investment is significant for you, and thus, our team of expert attorneys will handle your case in an extremely professional manner. We are experienced in US business immigration law and therefore, get in touch with us, and we will help you successfully navigate the EB-5 visa process. With Law Offices of D Robert Jones PLLC in Dallas, Texas, you can be sure to get professional legal help to make this complicated procedure simpler as we handle the paperwork diligently. Processing time of EB-5 generally varies between 12-18 months.

DRJ Legal Services, Dallas can assist the applicant in filing the petition correctly and avoid mistakes which could otherwise delay the processing of the request. We rank among the top immigration lawyers firm in Dallas which offer par excellence services. We help you throughout the process from the filing of petition to handling the situations and complications.

If you are planning to apply for EB5 visa but have doubts, we can help. Call today to schedule your first free, no obligation appointment.


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