EB-5 Immigrant Visas

The EB-5 visa is reserved for foreign individuals wishing to obtain permanent residency in the U.S. by investing money in a commercial enterprise that will employ American workers. The minimum investment is $1 million and the business must employ 10 full-time workers. In certain areas considered "high-unemployment" or rural, U.S Citizenship and Immigration Services (USCIS) may reduce the minimum investment to $500,000. The investor must show that the funds required for investment were obtained legally while living in the country of origin.

Upon initial qualification, "permanent residency" is limited to two years. Upon demonstrating that the business has met the employment requirements, the visa may be converted to a permanent green card. To qualify for the EB-5 visa and obtain permanent residency in the U.S., the investor is not required to maintain day-to-day management with the business operation. However, the investor will have to demonstrate some level of involvement.

Criteria For Starting A Business Or Expanding An Existing Enterprise

Certain regulations apply before the investor will qualify, including:

  • The investor must establish or restructure the business as a new commercial enterprise.
  • The investor must invest money to increase the business's net worth or number of American employees by 40 percent.

Investors wishing to establish a business operation in the U.S. may qualify for an EB-5 nonimmigrant investor visa through USCIS. The operation may be set up as one of the following business entities to qualify:

  • Sole proprietorship
  • A joint venture or partnership
  • A private or publicly held entity that will employ American workers

Experienced U.S. Immigration Lawyer — Call Today

The Law Offices of Derek Lim provides legal assistance for investors seeking EB-5 visas to begin or expand a business in the Bay Area. Talk to attorney Derek Lim in Fremont, California. Call 800-769-3977 or contact the office by email to arrange a return call to schedule a consultation.