San Diego EB-5 Investor Visa Lawyers

The EB-5 program allows foreign investors to gain permanent residency in America through improving the United States economy and creating jobs. Enacted for the first time in 1992, this program allows foreign nationals to obtain a green card through an investment in a qualifying business venture.

This is an ideal visa choice for individuals or families who wish to live and work permanently in the United States and who have a significant amount of money to invest in the United States.

EB-5 Green Card Requirements & Guidelines

• Minimum investment requirements. Generally, a $1,050,000 investment into a new commercial enterprise is required. If the business is located in a targeted employment area (TEA) or rural area,  then the project may qualify for the reduced investment amount of $800,000. A rural area is defined as a town of less than 20,000 and outside of a Metropolitan Statistical Area of a larger city. A targeted employment area is an area with high levels of unemployment that are 150% of the national average.

• Business requirements. Foreigners must invest in an active and lawful for-profit commercial business. This business could be a partnership, a holding company, a joint venture, a corporation, a sole proprietorship, or business trust. The business must be new, which means established after November 29, 1990.

• Job creation requirements. The foreigner’s investment must create at least ten jobs for United States workers within two years of obtaining permanent residency (often several years after the initial investment). This job creation could be either direct (your company creates new jobs) or indirect (your company’s activity creates new jobs) but you must be able to prove the job creation. Job preservation may also qualify if you are investing in a “troubled business”, simply by preserving ten or more jobs within two years. A troubled business is a business that has existed for more than two years and that has incurred a net loss during this period.

EB-5 Regional Centers

United States Citizenship and Immigration Services (USCIS) has created a list of EB-5 immigrant investor Regional Centers across the country. While some investors prefer to start their own business or find their own investment, others wish to invest through the help of a Regional Center. A Regional Center will manage the day-to-day aspects of the business and ensures that the required number of jobs are created. Most Regional Centers are located in rural areas or targeted employment area, so that they qualify for the reduced investment amount of $800,000.

Regional Centers are approved by the USCIS, but they are not endorsed by USCIS. Investing your money through a Regional Center does not ensure that your investment will be sound or that your business will create or preserve ten jobs within the two-year timeframe for removing conditions on your permanent residency. Whether you invest in a Regional Center or a private project, your money must be at risk.

It is vital that EB-5 visa holders research and investigate the Regional Center and investment thoroughly before going through with the process. Investors should consider the history of the program, their interest in the investment, the possible return on their investment, and the risk involved in the investment.

Investor Visa Attorney in California

While it is a great opportunity for many families around the globe, coming to America on an EB-5 investor visa can be more complex than on other types of visas. You must make a smart investment choice for your money to ensure that:

• Your investment is not lost.
• The business creates the required number of jobs.
• You are able to stay in the United States permanently.

At Feldman Feldman & Associates, we can help you understand the EB-5 visa program and help you meet the requirements, and help you find a Regional Center with a good immigration track record. To learn more about the EB-5 program, to ask a question to our experienced immigration attorneys, or to schedule a private consultation, please contact us today.