Foreign Investors and EB-5 Visas

Posted by Chell in Money

Foreign investors asking for a permanent resident status in the United States has the option of applying for an EB-5 Visa. In order to acquire the EB-5 visa, foreign investors should be able to meet with the requirements placed by the United States Citizenship and Immigration (USCIS) particularly the required amount for capital investment, prerequisites for job creation, and make sure that the invested business qualified for the EB-5 program. After all the requirements from the USCIS have been met and approved, the EB-5 applicant, their spouse and children (under the age of 21) will be awarded with permanent residency green card.

According to the website of the AmLaw Group, in order for EB-5 applicants to qualify, they should invest in a new commercial enterprise, which can be any for-profit enterprise for an ongoing legal business like a corporation, partnership, joint venture, a holding company, or even a sole proprietorship. The legal definition for new commercial enterprise is those which were established after November 29, 1990 or those on or before that date provided that (1) it was purchased and already existing and restructured/ reorganized that can qualify it as a new commercial business or (2) it was expanded through investment which resulted in a 40-percent increase in net worth or number or employees.

There are other investments that an EB-5 applicant can choose in order to get a green card. It is common for the USCIS to reject more applicants than it accepts.