The EB-5 program is a chance to boost the economy of the U.S. and create jobs at once! Those hoping to qualify must invest in either new or endangered commercial ventures, providing full-time employment for 10 staff members. When an area requires assistance, this investment strategy can be vital; not only does it benefit those involved with specific businesses but also provides tangible advantages that could ripple throughout our nation’s communities as well as its economic health as a whole – making sure every dollar counts!
Acquire an EB-5 Visa by investing in one of the two available options:
To qualify for the EB-5 visa program, you must invest a minimum of $900,000 in a Targeted Employment Area (TEA). These are typically rural areas or locations that have high unemployment rates and have been officially recognized by the government. By investing in such an area, you can take advantage of this powerful immigration program and achieve your goal of U.S. residency!
To secure EB-5 eligibility, you must invest at least $1.8 million in any venture outside Targeted Employment Areas (TEA). Whether you choose to open a new business or join an existing one, ensure that it fulfills the requirements set by U.S Citizenship and Immigration Services (USCIS). With Direct Investment, your investment can offer more job opportunities for Americans as well as provide permanent resident status for yourself and your family members!
Targeted Employment Area rules
Targeted Employment Areas (TEAs) encompass high-unemployment areas and rural regions. To be identified as a TEA, an area must have an unemployment rate that is at least 150% higher than the U.S. national average of employment rates.
To achieve eligibility as a rural TEA, an area must not be situated within a metropolitan statistical area (MSA) and should remain beyond the boundaries of any city whose population exceeds 20,000.
According to its mandate, the Job-Creating Entity (JCE) must conduct its operations in an established Targeted Employment Area (TEA), while simultaneously creating employment opportunities within that same region.
The US Department of Homeland Security has granted petitioners the freedom to submit a TEA designation proof that is tailored to their individual case. Though this may seem confusing, it provides applicants and economists with more liberty in producing evidence for consideration. Consequently, by placing trust in each petitioner’s unique discretion, DHS can gain insight into cases from varied perspectives without restricting options beforehand.
The Department of Homeland Security has two different data sources: the Bureau of Labor Statistics (BLS) and the U.S. Census Bureau’s American Community Survey (ACS). Each source offers its own advantages; while the BLS gives access to more recent information, ACS provides older but deeper insights by breaking them down into smaller areas like census tracts.
Best way to get EB-5
To ensure your TEA filing is as streamlined and successful as possible, make sure to follow the best practices outlined below.
To ensure a successful investment of $800,000 into a TEA project, applicants must employ expert due diligence to confirm that their proposed project fulfills program criteria and will be accepted. Economists need to adhere to the following best practices when deciding if an area is eligible for TEA qualification:
Identify the geographic area of a TEA using explicit citations from current regulations.
For maximum clarity, provide sources that are easily traceable to the data referenced online.
Ensure each step of your calculations is both precise and thorough to guarantee successful outcomes.
It is essential to note that if an investor’s I-526 petition does not feature appropriate data for TEA qualification, their application could be denied. This would not only mean the loss of funds and resources, but also a considerable time in pursuit of an EB-5 Green Card.
EB-5 Visa in Regional Centers
Invest in a Regional Center to Obtain an EB-5 Visa Now and Reap the Benefits Later! With just an initial investment, you can achieve permanent residence in the United States through an EB-5 visa. Take advantage of this opportunity now and enjoy long-term benefits with your family later on.
USCIS has established Regional Centers across the nation with a focus on amplifying economic growth in certain regions of our beloved country. To learn more about these Approved EB-5 Immigrant Investor Regional Centers, follow this link!
If you commit to a TEA, it is essential that you can demonstrate your investment has generated at least ten jobs – either direct or indirect. Indirect jobs are those created because of the commercial enterprise’s venture but the hired personnel works for other firms. These positions might revolve around the supply chain of this business endeavor.
Most EB-5 applications pass through Regional Centers as the focus is primarily on obtaining immigration status rather than capital gains.
EB-5 Green Card Direct Investment
Investing through the EB-5 program can come in various forms, including creating a new company or purchasing an existing one. However, investments outside of USCIS-approved Targeted Employment Areas (TEAs) require a larger sum – usually double at least. Make sure to research potential locations and their associated investment levels before deciding on your next move.
Furthermore, you must demonstrate that your investment/company has produced at least 10 new jobs, and you need to have a direct role in the company’s operations.
Job creation requirements for EB-5 Green Card
Are you looking to fulfill the EB-5 job creation requirements? Whether you are a business owner, a foreign investor, or an individual seeking permanent residency through investment, our team of experts can assist with understanding and meeting these complex guidelines. Let us help make sure your project meets all the necessary criteria for success!
To be eligible for the immigrant investor program, USCIS mandates that each EB-5 investment must directly result in the manufacturing or saving of at least 10 full-time positions for American citizens. All these jobs should materialize within two years from when an international candidate gains their provisional permanent residency status.
To make a direct investment in the EB-5 project, an investor must be able to demonstrate that the capital injection has resulted in creating jobs for regular employees who work exclusively at the commercial entity which obtained those funds.
Investors who channeled their investments through a regional center can credit 10 full-time positions that were generated due to their contribution, including direct jobs from the EB5 project, employment stemming from organizations supplying products or services to the said venture, and induced roles formed in response to the spending of income by staff associated with the EB5 endeavor.
EB-5 Visa business entities
To be eligible for the EB-5 visa, applicants must invest in a new commercial enterprise (NCE) -a U.S. business that is operated to generate profit. This can take many shapes and sizes: corporations, partnerships (general or limited), sole proprietorships, business trusts or other privately/publicly owned structures are all accepted forms of NCEs.
Instead of investing directly into the business creating jobs, regional center investments are channeled through an NCE or EB-5 fund and then loaned to the job-creating entity (JCE). This indirect approach allows investors to benefit from additional capital while still having a stake in the JCE.
Any commercial enterprise established after November 29, 1990, is automatically eligible. For those businesses that are older than this date, there’s still hope! If the company’s investments result in a 40% increase in either employees or net worth, then these organizations can also qualify for consideration. Additionally, restructuring an existing entity to create a new business may enable it to become eligible as well.
Source of Capital
To protect the integrity of our country’s financial system, USCIS has to take a deeper look into where applicants get their money and how it moves around. For EB-5 investors specifically, it is essential that they can demonstrate the lawful origin and route of investment capital.
Where can EB-5 investors source their funds?
When it comes to investing through the EB-5 program, there are many possible sources of funding; from salaried income to stocks and securities. No matter where you get your money, its origin must be traceable for all funds used in investments. This is crucial in ensuring that all transactions remain lawful and above board.
A shrewd decision for investors and their immigration lawyers is deciding which funds are worth investing in. It’s essential that the applicant’s documents must be thorough and authentic; if they’re not written in English, then there should be a translation included.
Utilizing loans as a means of financing your EB-5 investment is an achievable and viable option. It is typical that loans for EB-5 investments come from a financial establishment, requiring collateral to be specified. In contrast to an earlier regulation, USCIS now allows unsecured loans as a legitimate source of investors’ capital.
To be approved for the loan, the value of the collateral must equal or exceed its amount. If there is a slight discrepancy between these two figures, an applicant could be sent a Request For Evidence (RFE) from USCIS. However, to avoid this potentiality and ensure success during the review, it’s advised that you keep your loan amounts no higher than 70% of your collateral property’s total worth.
For How Extended Can I Be Granted Residency in the US Through an EB-5 Visa?
When you are first granted a Green Card through EB-5 Investment, you’ll receive conditional residency. This provides 2 years of validity that allows you to live, work and study in the US. Take heed though – if your stay out of the country lasts more than 12 months during this period, your residency status will be revoked!
After two years on a “conditional residency” Green Card, you are eligible to apply for an indefinite period of residence with the 10-year “unconditional/permanent” Green Card. This card can be renewed continuously.
Don’t Wait, Connect With an Immigration Attorney Now!
At Arvian Immigration Law Firm, we recognize that the process of seeking an EB-5 visa can be complicated. Our dedicated legal team has been providing immigration law services for more than three decades and possesses extensive experience in this field. If you have any queries regarding the EB-5 visa or a related matter, please feel free to contact us. We are here to help!