What is the EB-5 Visa, and How Can it Help Me Enter into the U.S.?
The EB-5 Visa was created by Congress in 1990 as a way to encourage foreign investors interested in investing in commercial enterprise within the U.S. to come to the United States for the purpose of stimulating the U.S. economy. While laws often change as the Administration changes in the U.S., as of the year 2020 a person may qualify for an EB-5 Investors Visa if the investment is in a company established after November 29, 1990. Or, if the enterprise was established prior to November 29, 1990, an investor may gain entry via an EB-5 Visa if the enterprise was restructured in a manner which created a new enterprise expanded directly via investment which resulted in a minimum of 40% increase in the net worth of the company or the number of company employees.
What Type of Commercial Enterprise is Eligible for Consideration under the EB-5 Visa?
For an EB-5 Investor’s Visa to be considered, the commercial enterprise in question must be a business conducted for-profit, for a lawful purpose, and that is any one of the following business structures: sole proprietorship, partnership, a holding company, a joint venture, corporation, business trust, or certain other business entities. It is important to understand that noncommercial activity, e.g., the ownership of personal residential property is not included in the definition of “commercial enterprise” as defined by the USCIS and, therefore, does not create eligibility for the EB-5 Investors Visa.
How much Money Do I Need to Invest to Possibly Acquire an EB-5 Visa?
The laws which govern the minimum amount of capital that must be invested have recently changed. As a result of these changes in the Investor’s Visa requirements for amount of contribution needed, if the petition date for the EB-5 Visa is after 11/21/2019, the minimum investment amount must be at least $1,800,000, unless the area to be invested in considered a targeted employment area (TEA). TEA amounts are set at a minimum of $900,000. Under the previous law, that is for a petition filed before 11/21/2019, the minimum investment amount is $1,000,000, with a TEA investment amount set at a minimum of $500,000.
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