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EB-5 Regional Center Approvals And Individual Project Exemplar Approvals

An EB-5 Visa is for a foreign national who is coming to the United States permanently, by 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. Encouraging potential investors to seek professional advice when making any investment decisions.

Common Questions And Answers About EB-5 Visas

What are the requirements to obtain a green card based on EB-5 investment?

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. In addition, 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). In other words, the minimum qualifying investment for this type is $500,000.

What is the job creation requirement for an EB-5 Regional Center project?

For a new commercial enterprise location within a regional center. First, creating the full-time positions can be either directly or indirectly by the new commercial enterprise. Secondly, direct jobs are those jobs that establish an employer-employee relationship between the new commercial enterprise and the employees. Lastly, indirect jobs are those jobs outside of the new commercial enterprise, but are creating indirectly by the new commercial enterprise.

How do I prove the legal source of my investment capital?

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.

Can my spouse and children come with me on my EB-5 visa?

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. In addition, as green card holders, spouses and children can work in the United States.

Contact Fok Immigration Law For Experienced Help

If you have any questions about EB-5 visas, please call Fok Immigration Law at 408-212-7014 to schedule a free initial consultation. You can also contact our San Jose office online. Located in the Bay Area, we serve clients throughout California and beyond.