Facts about EB-5 Visa for USA

What is the EB5? This was created by congress and is an employment based fifth preference for an immigrant visa. This visa category was created in1990 for immigrants that want to enter the United States (US) and for a commercial enterprise needs to benefit the economy. It is also to be an attempt to create at least 10 jobs that meet the full-time category.

The requirement for the EB5 Green Card category can be difficult. There are generally around 1,000 people immigrating in this category. The EB5 is one-tenth the available visas and 15 percent of the petitions are approved by the USCIS. There are several statutory requirements needed to qualify for this visa.

When it comes to a single new commercial enterprise it can be for investor/employment-creation classification with one and one investor. These requirements include the petitioning investor investing the proper amount as well as if the investor is actually working on the process. The investments need to result in at least 10 full time employees as well. The two main requirements for this part of EB5 are that it is new and this means after Nov. 29, 1990 and it has to be a commercial enterprise. A commercial enterprise is a for profit element that is working as a lawful business. These can be identified as a business trust, limited or general partnerships, corporation, joint ventures and holding businesses.

However, in 2002 there were certain modifications and the term ‘new commercial enterprise’ was introduced. There was no longer a requirement for proving that the business was established but the individual only has to show an ‘investment’ in a commercial venture. But non-profit organizations or operation from personal residents are not considered ‘new commercial enterprises’.

However by restructuring an existing business after it has been bought over, the investor qualifies for the EB5 visa. Additionally, the investor can also create a new business by expanding an established one. But there should be an increase of 40% in the net worth of the company through the expansion.

Thanks to the intelligent decision of the government, EB-5 Investment program has led to an influx of billions of dollars of direct foreign investments and hundreds of jobs have been created in the US. Not only has it assisted the economy in these trying times but the foreign EB-5 investor visas have helped the investors and their families get Green cards and citizenship faster. The issue of this mutually beneficial investor visa has tripled over since 2009 and has benefited the US economy apart from creating jobs for the American citizens.

It can be complicated when working with the EB5 Green Card and immigration law. Taking to an experienced and qualified immigration lawyer will be helpful. They can help assist in all aspects of immigration law including the EB5 Green Card category. Ask any questions and work with the lawyer to help get things resolved quickly and accurately. They know all the latest laws and regulations to help you best with what is needed to obtain the EB5 Green Card. Lawyers will also know if this is the best option.