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EB-5 Investor Visa

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Eb-5 Immigrant Investor

The EB-5 immigrant investor green card has been a go-to option for foreign investors interested in investing in a U.S. business. Created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors, the EB-5 green card option has ushered in countless international business leaders while creating jobs for U.S.-born workers as well.

Under a pilot immigration program first enacted in 1992 and regularly reauthorized since certain EB-5 visas also are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

“D’Alessio Law Group provided phenomenal client service while delivering successful results during the approval of both my O-1 Visa and Green Card (immigration from Canada to the United States of America). 

Leslie, Lorraine, and Kelly are notable for their vast range of experience and reliable response times during the lengthy and often daunting immigration process.”

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How To Get Started With Eb-5 Investor Visa

The following is an outline of the Eb-5 investor visa requirements and how to get started with Eb-5 visa application process:

What is Commerical Enterprise?

Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:

  • A sole proprietorship
  • Partnership (whether limited or general)
  • Holding company
  • Joint venture
  • Corporation
  • Business trust or other entity, which may be publicly or privately owned

This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.

Note: This definition does not include noncommercial activity such as owning and operating a personal residence.

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Lorraine D'Alessio

CEO and Founder of D’Alessio Law Group, Lorraine D’Alessio was named the 2017 Leader in Law by the Los Angeles Business Journal and is the recipient of the 2018 Enterprising Woman Award.

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Are you ready to seize international business opportunities and expand your trade ventures? Our experienced team at D'Alessio Law is here to guide you through the intricacies of E-1 Treaty Trader Visas. Let's work together to unlock the potential of global markets, streamline your visa application, and help your business flourish. Reach out to us now and take the first step towards a world of trade possibilities!

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Ready to Expand Your Business Horizons?

Are you ready to seize international business opportunities and expand your trade ventures? Our experienced team at D'Alessio Law is here to guide you through the intricacies of E-1 Treaty Trader Visas.

Job Creation Requirements

In order to apply for the EB-5 program, applicants must prove that their investment in a new enterprise will generate job opportunities for U.S. workers. 

In order to apply, the applicant must prove that their investment will:

  • Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years(or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
  • Create or preserve either direct or indirect jobs:

Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.

Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.

Note: Investors may only be credited with preserving jobs in a troubled business.

troubled business is an enterprise that has been in existence for at least two years and has incurred a net loss during the 12- or 24-month period prior to the priority date on the immigrant investor’s Form I-526. The loss for this period must be at least 20 percent of the troubled business’ net worth prior to the loss. For purposes of determining whether the troubled business has been in existence for two years, successors in interest to the troubled business will be deemed to have been in existence for the same period of time as the business they succeeded.

qualified employee is a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. The individual may be a conditional resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation. This definition does not include the immigrant investor; his or her spouse, sons, or daughters; or any foreign national in any nonimmigrant status (such as an H-1B visa holder) or who is not authorized to work in the United States.

Full-time employment means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week. In the case of the Immigrant Investor Pilot Program, “full-time employment” also means employment of a qualifying employee in a position that has been created indirectly from investments associated with the Pilot Program.

job-sharing arrangement whereby two or more qualifying employees share a full-time position will count as full-time employment provided the hourly requirement per week is met. This definition does not include combinations of part-time positions or full-time equivalents even if, when combined, the positions meet the hourly requirement per week. The position must be permanent, full-time and constant. The two qualified employees sharing the job must be permanent and share the associated benefits normally related to any permanent, full-time position, including payment of both workman’s compensation and unemployment premiums for the position by the employer.

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Capital Investment Requirements

The applicant must also invest a minimum required capital investment in a new commercial enterprise in order to satisfy the requirements for the EB-5 program.

Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital shall be valued at fair-market value in United States dollars.

Note: Investment capital cannot be borrowed.

Required Minimum Investments Are:

General. The minimum qualifying investment for the EB-5 program is $1 million, or $500,000 in a Targeted Employment Area.

targeted employment area is an area that, at the time of investment, is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate.

rural area is any area outside a metropolitan statistical area (as designated by the Office of Management and Budget) or outside the boundary of any city or town having a population of 20,000 or more according to the decennial census.

Investment capital

Investment capital means cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the investor, provided that the investor is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness.

All capital shall be valued at fair-market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) shall not be considered capital. Investment capital cannot be borrowed and it must also be “clean” capital – that is, legitimate funds from a legitimate source. The investor must be able to clearly establish this. Investors must either:

  • Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the investor’s admission to the United States as a conditional permanent resident; or
  • Create or preserve either direct or indirect jobs:
  • Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the investor has directly invested his or her capital.
  • Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.

Note: Investors may only be credited with preserving jobs in a “troubled business”.

troubled business is an enterprise that has been in existence for at least two years and has incurred a net loss during the prior 12- or 24-month period. The loss for this period must be at least 20 percent of the troubled business’ net worth prior to the loss. For purposes of determining whether the troubled business has been in existence for two years, successors in interest to the troubled business will be deemed to have been in existence for the same period of time as the business they succeeded.

qualifying U.S. worker is a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. The individual may be a conditional resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation. This definition does not include the investor; his or her spouse, sons, or daughters; or any foreign national in any nonimmigrant status (such as an H-1B visa holder) or who is not authorized to work in the United States.

The EB-5 Process

You must initially file an application with USCIS outlining your investment. Processing time for this initial application is, at a minimum, 5 months.

If approved, you must then file a further application with the U.S. Department of State and attend an interview at a US Embassy or Consulate abroad to obtain an EB-5 visa for admission to the United States. If granted, you (and any dependent family members) will be granted conditional US permanent residence for a 2-year period.

90 days before that 2-year period expires, you can then apply to remove those conditions. You can apply for US citizenship 5 years from the date the initial EB-5 visa is issued.

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“I’ve been working on my visa and renewing 3 times already and this is the first time I had no problems. I could call to my Lowyer immediately, I could send an email even on weekends and they answered, everything was fast and super professional!!! I couldn’t recommend any firm more than them. The team is just beyond!

Btw got my visa after 2 weeks that they send my paperwork!”

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