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EB-5 Investor Visa Attorney
The official name of the EB-5 visa is ‘Employment Based Fifth Preference Category’ which is as confusing as it is non-descriptive.
The reality is much simpler than the designation: the EB-5 was created to attract foreign capital to the United States and create job opportunities that will benefit the U.S. economy.
Those are the two qualifications – with plenty of nuances – needed to apply for an EB-5 visa.
The ‘capital’ part is simple: anyone seeking an EB-5 visa – today - must have either $800,000 or $1.05 million to invest in a ‘new commercial enterprise’ in the United States. We say ‘today’ because the number is constantly being adjusted for inflation.
After this, of course, It gets incrementally more complex.
Adding to that complexity: only ten thousand (10,000) EB-5 visas are authorized for issue each year – that’s total, worldwide. Lastly, it’s best to keep in mind that the program has only been authorized through 2027.
Navigating this requires a law firm with deep knowledge and years of experience. Navigating any of this requires a law firm with deep knowledge, and years of experience. It requires Patricia Castillo Flanagan and Work Visa Lawyers, P.A.
EB-5 Visa Requirements in a Nutshell
Why the discrepancy in the size of the required investment? Because of the 10,000 available visas, 3,000 are set aside for investors in areas of the United States in need of economic growth – the Regional Center Pilot Program.
That creates two distinct opportunities for anyone pursuing an EB-5 visa.
The requirements for the ‘basic’ EB-5 read like this:
The applicant must be ready to make a ‘capital investment’ of at least $1,050,000 in a ‘new or existing U.S. business or commercial enterprise.’
The business must create – or preserve – ten full-time jobs ‘for qualifying U.S. workers’ within two years.
Prove that the investment will ‘benefit the United States.’
Prove the funds are from ‘a lawful source.’
As you would expect, the requirements for the Regional Center program are a little more intricate:
The applicant must be ready to make a ‘capital investment’ of at least $800,000 in a ‘new or existing U.S. business or commercial enterprise.’
The business must create – or preserve – ten full-time jobs ‘for qualifying U.S. workers’ within two years.
The investment is in a U.S. government designated Regional Center.
The investment is in an area defined ‘by law as a rural area’ and/or an ‘area that has experienced high unemployment of at least 150 percent of the national average.
Prove that the investment will ‘benefit the United States.'
Prove the funds are from ‘a lawful source.’
Breaking down the EB-5 Process
Aside from the initial capital investment the standards that must be met to obtain an EB-5 are not easily defined, never mind met.
USCIS Website Page
Pages on the USCIS website are dedicated to breaking down the components as much as they can as many of them are subjective. The most subjective, of course, is proving that “the investment will benefit the United States.’
Non Criminal Activity
The ‘non-criminal activity provision’ may also be problematic as, in many cases, it is a matter of proving a negative, e.g., ‘no, those funds are clean.
Applying for EB-5 Visa
Applying for an EB-5 visa is in effect filing a business plan – a prospectus – with the U.S. Government. A prospectus that is a complete, comprehensive plan that will fulfill and surpass the EB-5 requirements.
Incomplete Visa
There are only 10,000 EB-5 Visas available each year, an incomplete application, an error in the ’business plan,’ or any other mistake will quite simply kill your chances.
All of this (and more) is why you should not attempt to do this alone. For every question you think you might be answering, for every doubt you might think you are erasing, you are probably missing two others. Patricia Castillo Flanagan and Work Visa Lawyers, P.A. are here for you. Please contact us as early in the process as possible. We have the knowledge and experience to file the application and see it through to fruition quickly and efficiently.
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By the time you are ready to apply for an EB-5 Visa you already have a lot on the line. The research, developing the business plan, and, of course, putting the capital investment together.
It may seem daunting especially in light of the fact that so few are granted each year. You wouldn’t be wrong to think of your chances like you’re entering a lottery. The thing is, it’s a lottery where some of the ‘competition’ are eliminated because their entries are flawed.
It is essential that your application with all the supporting documentation be perfect.
Work Visa Lawyers, P.A. understands the ins and outs of the EB-5 Visa process as it pertains to different business and investors from around the world. We understand what the U.S. government is looking for. We understand that that can change, if and when it does we will be on the forefront of adapting to those changes.