An EB-5 Visa is meant for a foreign national who is coming to the United States permanently through investment into a new commercial enterprise. The foreign national can either invest directly or they can invest into an EB-5 project sponsored by a designated EB-5 regional center. Potential investors are encouraged to seek professional advice when making any investment decisions.
An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees. The minimum qualifying investment in the United States is $1 million or, if the investment is made in a Targeted Employment Area (High Unemployment or Rural Area), the minimum qualifying investment is $500,000.
For a new commercial enterprise located within a regional center, the full-time positions can be created either directly or indirectly by the new commercial enterprise. Direct jobs are those jobs that establish an employer-employee relationship between the new commercial enterprise and the employees. Indirect jobs are those jobs held outside of the new commercial enterprise but that are created indirectly by the new commercial enterprise.
The EB-5 regulations require investors to prove that the investment funds were “obtained through lawful means.” In other words, the investment funds must not have been obtained through criminal activity. The regulations list four categories of documentation required to prove lawful source of funds: Foreign business registration records; corporate, partnership, and personal tax returns or similar documents filed within the past five years; evidence identifying other sources of capital; or certified copies of court judgments, pending court cases, and administrative proceedings within the past 15 years.
Yes, spouses and children under the age of 21 may accompany, follow to join the principal immigrant investor to the United States or adjust status in the United States. As green card holders, spouses and children can work in the United States.
Please feel free to contact us for a free initial consultation. We would be happy to answer any questions regarding EB-5 that you may have.