EB-5 Immigrant VISA

Written by: The Law Offices of Garrett T. Ogata

If you want to invest in the United States and want permanent residency, then an EB-5 Visa might be an option for you, if you have the money.  An EB-5 Visa allows someone to receive a green card if he or she can invest $1 million in a U.S. business or $500,000 if in a rural or high unemployment area and takes an active managerial or policy-forming role in the business.  You will also have to meet the following conditions:

  • Have the funds and can demonstrate you are in the process of investing in a for profit business;
  • You will need to maintain your investment for 3 years;
  • Be actively involved in the business;
  • Live in the U.S.A., which can be any location;
  • Employ at least 10 full time workers;
  • Produce a good or service that benefits the U.S. economy;
  • Invest in new commercial enterprise, which can be starting a new business, or buying an existing business that was established  after November 29, 1990;
  • Or Purchase an existing business established on or before November 29, 1990, and restructure or reorganize it to form a new commercial enterprise;
  • Or Purchase an existing business established on or before Nov. 29, 1990, and expand it through investment that increases its net worth 40 percent, or expands the numbers of employees, on top of the 10 full time employees;
  • One may also purchase a failing business that has had at least 2 years of annual loss of 20% of its net worth and has been around for at least 2 years.  You will not have to create 10 new jobs but you must show that for two years from the date of purchase you employed at least as many people that were employed at the time of investment.

The most common way investor invest and gain an EB-5 Visa is investing through Regional Investment Center.  These Centers provide investment opportunities within a geographical area and provide various benefits.  Another benefit to the EB-5 Visa is that your spouse and unmarried children under 21 years of age can get green cards to accompany you.  The downside to an EB-5 Visa is that it requires a substantial amount of invest before one can receive their permanent residency.   Since so much money is a stake one should always seeks qualified legal counsel to guide them through this process.

This does not constitute legal advice or an attorney client relationship.   

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