The EB-5 Immigrant Investor Visa was enacted by Congress in 1990 as a way for immigrants to legally come to the U.S. by contributing to its economy. It is a win-win for the investors and for U.S. workers who benefit from the creation of new jobs. USCIS sets aside approximately 10,000 of these investor immigrant visas each year, and many of these visas are allocated for targeted employment areas (TEA) to strengthen rural areas or regions with high unemployment.
Hykel Law has the expertise to assist investors who wish to participate in the U.S. investor visa category. In order to qualify, you must meet the following criteria:
- Must create either a new business or take over a troubled business, with a minimum investment of $1 million dollars; or half a million dollars within a targeted employment zone.
- The business must benefit the U.S. economy by creating at least ten full-time jobs within two years.
- The investor must be engaged in the management of the enterprise, either through the exercise of day-to-day managerial control or through policy formulation.
- If investing in a troubled business, it must be one that has existed for a minimum of two years and have incurred a net loss for 12 – 24 months prior to the filing of I-526.
The same investment stipulation applies to a troubled business investment as a new commercial investment, as long as the employment and targeted zone guidelines are met.
Many other requirements may apply, and Hykel Law of greater Philadelphia and Southern NJ is happy to help any foreign national who wishes to participate in this great program. It is one that has helped many people, including the creation of jobs for U.S. workers and the families of the foreign nationals who seek permanent U.S. residency.
The E1 and E2 non-immigrant investor visas are available to foreign nationals who are natives of countries that have a treaty with the United States. If you hail from a country that qualifies, have an entrepreneurial spirit, and plan to direct and develop a U.S. enterprise to which you have invested substantially, you may be eligible for an E1 or E2 non-immigrant visa. These visa petitions/applications have the strongest chance of success with a well-prepared business plan that outlines a 2 year plan and projects revenues, profits and potential employment of U.S. workers.
E1 visas are available to foreign nationals who are coming to the United States to engage in substantial trade in goods or services with the foreign national’s native country.
E2 visas are available to foreign nationals who are coming to the United States to direct and develop a U.S. enterprise into which they have made a substantial investment. The business must be at least 50 percent owned by nationals of the foreign country and the investment must not be marginal.
Both the E1 and E2 visas can be presented at the U.S. embassy or U.S. consul abroad. Each U.S. embassy has a specific format in which they require the E application to be presented. A change of status or extension of E status can be filed with USCIS in the United States for persons already present and maintaining a lawful non-immigrant status. Hykel Law will guide you through the process and help you prepare your submission with the strongest chance of success.