Investor Visas: Fueling Business Growth in Texas

What is the EB-5 Investor Visa Program?

The EB-5 visa for immigrant investors encourages foreign investors to come to the US to make their investments in exchange for the benefits of becoming green card holders. Since its creation, the EB-5 visa program has been regarded as an incredibly useful immigration tool for US businesses, US workers, and foreign parties.

The EB-5 investor visa program, offered by US Citizenship and Immigration Services (USCIS), offers special opportunities to foreign entrepreneurs, their spouses, and their unmarried children seeking to come to the United States in pursuit of legal permanent residency.

Foreign investors hoping to apply for EB-5 visas must meet several requirements, including the capital investment requirements. Additionally, applying for and acquiring an EB-5 visa can be fairly complex, especially without the help of experienced immigration attorneys.

Our immigration law firm has years of experience helping foreign investors pursue the American dream. We would be proud to lend legal assistance to you and your family members as you apply for an investor visa from the USCIS. To learn more about our legal services, please contact our immigration lawyers to schedule your initial consultation today.

What Are the Benefits of EB-5 Visas?

Qualified EB-5 investors can obtain lawful permanent residency (green cards), allowing them to work and reside in the United States permanently. In addition, the would-be investors’ spouses and unmarried children under the age of 21 will also be eligible to acquire green cards under the same application.

The opportunity to live and work in the United States of America will not be limited by sponsorship requirements and is therefore not dependent on any employer or other visas. Nor are you required to reside in the specified location of your EB-5 investment project.

As a legal permanent resident, you are granted the ability to live, own property, work, create a business, and seek an education anywhere in the US. Additionally, after a certain amount of time has passed, you may be able to pursue United States citizenship.

What Are the Requirements for EB-5 Investor Visas?

In order to qualify for an EB-5 investor visa, the foreign national must meet the following basic requirements:

• Are prepared to invest in a new or existing US business that was created after November 29th, 1990.
• Will be able to employ ten full-time US workers.
• Meets the minimum required investment amounts for the selected geographic areas.
• Investment funding must come from lawfully obtained funds.
• The foreign investor must maintain a management role in their investment project.
• The capital investment must be at risk in a new commercial enterprise.

Does Your Planned Investment Create Jobs and Economic Growth?

The primary focus of the EB-5 visa program is to help promote economic growth in the United States by forming new companies and creating new jobs.

All EB-5 investor applicants must have an interest in companies established after November 29th, 1990, or an interest in an older company that was reorganized to result in a new commercial enterprise (NCE).

To qualify for an EB-5 visa, you must prove you are a job creator. Your investment opportunity must create and/or preserve at least ten full-time jobs for US workers within the first two years.

How Are Commercial Enterprises Defined by U.S. Immigration Law?

Commercial enterprises include the following:

• Business trusts.
• Corporations.
• Holding companies.
• Joint ventures.
• Partnerships.
• Sole proprietorships.
• And other publicly or privately owned business entities.

Businesses that may be considered with new commercial enterprises under the EB-5 visa program are those that are for profit.

What Are the Capital Investment Requirements?

The minimum capital investment required to meet the criteria for an EB-5 visa is largely dependent upon the geographical location of the new or existing business. The required investment capital can be an asset owned by the entrepreneur and contributed to their investment project, such as physical currency, inventory, equipment, and more.

In most cases, an investment of at least $1 million is required to qualify. However, the minimum investment is lower in certain designated target employment areas.

What Are EB-5 Regional Centers?

Designated by the USCIS, EB5 regional centers can be any economic entity involved in promoting increased domestic capital, job creation, economic growth, and increased regional productivity.

Under the EB-5 visa program, the regional center acts as a service agent for foreign investors and their companies seeking to complete a project under the EB-5 immigrant visa program.

What Are Targeted and Non-Targeted Employment Areas?

Foreign investors wishing to gain legal permanent residency through the EB-5 investment visa program must invest a certain amount of money into their new commercial enterprise. The investment amount can be reduced if the project is located in a targeted employment area (TEA).

Targeted employment areas are either rural or economically distressed areas with unemployment rates of at least 150% of the national average.

Under the program, a rural area is defined as any area not located within a metropolitan statistical area or a municipality with a population of more than 20,000. Economically distressed areas are defined as areas with unemployment rates of 150% of the national average and are located in metropolitan areas.

How to Apply for an EB-5 Visa?

The first step is to find a project to invest in. Then, make a qualifying investment. Remember, the qualifying investment is dependent on whether the project is based in a targeted employment area.

Next, submit the required documents along with the I-526 petition. If this form is approved, you will apply for an immigrant visa at your local consulate and attend an interview.

If the interview goes well, you will be allowed to enter the US on a conditional legal permanent residency card. If you are already in the United States, this green card will be mailed to you.
You must sustain your investment and preserve jobs while you are still on a conditional green card.

Contact Us to Schedule an In-Depth Case Evaluation Today

The process of applying for an EB-5 visa can be complicated and time-consuming. It is strongly recommended that you retain professional legal counsel from knowledgeable immigration lawyers for legal guidance. Our legal team has extensive experience handling even the most complex immigration cases, and we will be proud to represent your interests in pursuit of a green card.

To learn more about our legal services and how we can help you with your case, please get in touch with our law firm to schedule your initial consultation today. 214-393-4917.