Requirements of the EB-5 Visa
Foreign investors must meet certain specific requirements of the USCIS to obtain permanent residency through the EB-5 visa program. In general, these must meet requirements in the amount of capital investment, creation of jobs and ensure that the company receiving the investment qualifies for the EB-5 program. Applicants for an EB-5 visa, their spouse and their children under 21 years of age will obtain their green card or permanent residence once all requirements are successfully met and approved by the USCIS.
Amount of Investment Required for the EB-5 Visa
Without prejudice to the proposed regulations still pending, EB-5 visa applicants are typically asked to make an investment of $ 500,000 or $ 1 million to a US commercial initiative.
The minimum amount of capital required for the EB-5 visa program can be reduced from $ 1 million to $ 500,000 if the investment is carried out in a commercial entity that is located in a “specific employment area” (TEA). , for its acronym in English). In order to qualify as a TEA designation, the EB-5 visa project must be developed in a rural area or an area with high unemployment, these areas will be considered as geographic locations with an unemployment rate that is at least 150 percent of the national unemployment rate at the time of investment for the EB-5 visa. Rural areas are geographical regions that are outside a city with a population of 20,000 or more, these can also be considered as those regions that are outside of what the US Office of Management and Budget. considers metropolitan statistical areas.
Requirements for Job Creation of the Eb-5 Visa
The USCIS requires that EB-5 visa investments result in the creation of 10 full-time jobs for US workers. These jobs must be created within two years after the investor has received permanent unconditional residency. In some cases, the investor must have the ability to prove that his investment led to the creation of direct jobs for workers who work in the commercial entity that received the investment. However, if the investment is in a regional center, the EB-5 visa investor may only have to show that 10 full-time direct or induced jobs were created. Indirect jobs are those created by companies that supply goods or services to the EB-5 project. The induced jobs are the jobs created in the large community as a result of the consumption of the income of employees of the EB-5 project.
Business Entities of the EB-5 Visa
There are several types of business entities in which an EB-5 visa applicant can invest. In general, applicants can invest directly in a commercial initiative or in a regional center. Commercial initiatives are legal, for-profit entities that can take on one of the different business structures. Consequently, do your due diligence before proceeding to invest in any proposed commercial structure.