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getting an eb5 investment visa
How to Get an EB-5 Investment Visa
Obtaining an EB-5 visa requires that the immigrant investor abide by the next threshold
Invest $1 million (or $500,000 if investment go to a "Target Employment Area") or why not be
actively in the process of investing this check over here cost;
Prove how the investment have to be "at risk," meaning, among other things, the investor has
limited control of the funds;
Prove how the capital investment was obtained through lawful means;
Prove how the investment can create ten full-time jobs for U.S. workers;
Prove the investor will maintain some management-type of charge of the new commercial
enterprise (such as when you are a restricted partner, etc.).
Each of these simple requirements will be discussed below.
Currently the requirement investment amount is $1 million per investor. A purchase amount
decreases to $500,000 if the investment is manufactured in a choice of a fresh enterprise or
Regional Center within an area of high unemployment referred to as a Target Employment Area
("TEA"). A Teas are defined as a rural area or area experiencing unemployment of at least 150%
of the national average rate. Some states, including Washington State, have designated TEAs, so
over these states it really is not too difficult to understand if the investment have to be $1 million
Investment "At Risk"
The investor must prove that her investment is capital that is "at risk" for the purpose of
establishing a return with that capital. An "investment" is understood to be a contribution of
capital. Debt financing will not constitute a great investment. "Capital" can include cash (or
equivalents), equipment, inventory, tangible property, or certain promissory notes.
The investor will need to have committed to invest the requisite amount of cash. Merely a intent to
get will not likely suffice. Proving the commitment may entail providing bank statements which
show the deposit of cash in to the enterprise's business accounts, proof purchases, etc. Proving
that the investment is "at risk" ought to be done meticulously. This requirement is generally the
roughest to prove.
Capital Obtained Through Lawful Means
Capital might have been acquired through any lawful means, including gift, inheritance, and loans.
Business taxation statements in the past 5 years ought to be submitted with an EB-5 application
for an investor with a brand new commercial enterprise, including an angel investor on E-2 status
who may have maintained a business from the U.S. since obtaining such status and wishing to
apply for EB-5 and adjust status in the U.S.
Each investor must prove that her investment will create ten full-time jobs for qualified U.S.
workers (citizens, permanent residents, or people that have valid U.S. work authorization).
Evidencing this requirement entails, at least, providing an extensive business strategy combined
with the EB-5 petition. The business enterprise plan must demonstrate what sort of job creation
requirement will be satisfied, such as the organizational structure and a timeline on hiring the
workers. If your business existed before the EB-5 petition, other requirements have to be
submitted like the workers' I-9s and copies of their pay stubs.
Managerial control will come available as day-to-day managerial control or policy forumulation.
This requirement could be met by submitting the organization formation documents, Limited
Partnership Agreement or Operating Agreement, check over here which proves that the investor
is often a corporate officer or holds a seat about the board of directors, etc. Limited Partnerships
are a fantastic substitute for maintain managerial control, as limited partners are sufficiently
involved in a policy making from the new enterprise providing she has been vested the rights,
powers, and duties normally granted to limited partners within the Uniform Limited Partnership
Each of these requirements entails much more information than these tips have supplied. For the
more detailed analysis of whether you qualify for the EB-5 investment visa, talk with an
deportation attorney who practices in EB-5 matters.