Opportunities Abound With The EB-5 Immigrant Investor Program

The United States offers a range of immigration visas designed to attract foreign nationals with specific skills, education levels, and qualifications that benefit the nation’s economy. One of the most enticing options is the EB-5 Immigrant Investor Program, also known as the Fifth Preference EB-5, which provides eligible foreign nationals with the opportunity to invest in the world’s largest economy while obtaining a Green Card. Explore what the EB-5 Immigrant Investor Program has to offer and how Jurado & Associates, P.A. can assist you.

The Basics Of The EB-5 Immigrant Investor Program

Established in 1990 to promote “foreign investments and economic growth,” the EB-5 Visa stands out as one of the few U.S. visas aimed at commercial investors. Unlike the often-confused E-2 Treaty Investor Visa, the EB-5 Visa allows an “Immigrant Investor,” along with their spouse and unmarried children under 21, to indefinitely reside in the U.S. with a Green Card.

In contrast, E-2 Treaty Investors must eventually leave the U.S. once their investment activities conclude. Additionally, while the E-2 Visa is only available to specific nationalities, the EB-5 is open to any investor meeting its requirements.

Our immigration attorneys can help you determine which of these investment visas best suits your needs. However, if you seek an opportunity for long-term U.S. residency and the potential to apply for American citizenship, the EB-5 Visa deserves serious consideration.

The Requirements Of The EB-5 Immigrant Investor Program

To qualify for the EB-5 Visa, Immigrant Investors must meet two primary requirements, each with specific guidelines, definitions, and qualifiers to consider.

1. Investment in a New Commercial Enterprise: You are required to invest capital in a new, for-profit commercial enterprise. Capital, in this context, includes cash, equipment, inventory, tangible property, cash equivalents, and asset-secured indebtedness directly owned and controlled by the applicant. You must be personally and primarily liable for your investment, and the assets you intend to invest cannot secure any debt. Applicants must also prove that their capital is lawfully acquired and owned.?

Since changes implemented in November 2019, the EB-5 Immigrant Investor Program now has a minimum capital requirement of $1.8 million, up from $1 million. However, this requirement drops to $900,000 if the investment is made in a “Targeted Employment Area” (TEA), which is either a rural area or an area with an unemployment rate 150% higher than the national average. It’s the responsibility of the Immigrant Investor to demonstrate that the commercial enterprise they plan to invest in qualifies as a TEA.

1. Commercial Enterprise Establishment: The commercial enterprise must have been established after November 29, 1990. However, if it was established on or before that date, it may still qualify under one of two conditions:

• The investment significantly restructures the enterprise, resulting in a new entity.
• The investment leads to a 40% increase in either net worth or the number of employees.

1. Creation of 10 Full-Time Jobs: Immigrant Investors must prove that their investment will directly create 10 full-time jobs in the U.S. These full-time jobs must be at least 35 hours a week and last for a minimum of two years. Seasonal, temporary, intermittent, or transient employment does not qualify. Only U.S. citizens, lawful permanent residents, or immigrants authorized to work (such as other EB Visa categories) count toward this requirement. Positions held by the Immigrant Investor, their spouse and children, or individuals with undocumented or nonimmigrant status are not counted.

Additionally, the 10 full-time employees must be directly employed by the commercial enterprise. There are two exceptions:

• If the commercial enterprise is at least two years old and troubled (having incurred a net loss of at least 20% during the 12- or 24-month period before the EB-5 application’s priority date), you only need to demonstrate that the existing number of employees will be maintained for at least two years.
• If the commercial enterprise operates in a “Regional Center” designated by the federal government to promote investment and economic growth, the Immigrant Investor can include full-time jobs created indirectly by the enterprise.

Applicants for the EB-5 Visa are responsible for providing all necessary evidence, documentation, and information to meet these requirements, including credible plans to fulfill them.

Contact A Jurado & Associates, P.A. Immigration Attorney Today

Whether you seek a long-term commercial investment, a pathway to U.S. citizenship, or both, the EB-5 Immigrant Investor Program offers numerous opportunities. Our experienced immigration attorneys specialize in various visas, including the EB-5, and can guide you through the complex legal and technical requirements. Call us today at (305) 921-0976 or email us at [email protected], and we will assist you on your journey.

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