What Is The EB-5 Visa? – A Florida Immigration Lawyer Answers

The EB-5 Visa is the perfect tool for foreign nationals from all over the world seeking a means of obtaining a U.S. green card and even a pathway to U.S. citizenship, as it allows foreign entrepreneurs and their families to live and work in the United States.

Individuals who live and work in the United States under an EB-5 Visa are required by law to invest a large amount of money in a U.S. business and manage their investment. Unlike the E-2 Treaty Investor Visa, minimum investment requirements apply to the EB-5 Visa Program.

For most commercial ventures, a minimum EB-5 investment of $1 million is required. However, EB-5 Projects located in Targeted Employment Areas (or TEAs) only require an investment of $500,000.

Aside from the investment requirements, all EB-5 Entrepreneurs must be able to create at least 10 full-time jobs for U.S. workers within two years after the issuance of the visa.

EB-5 Visa vs. E-2 Visa – Which is Better?

Choosing a business Visa can sometimes be tricky if you do not understand the specific purpose of every visa category. In order to choose correctly, you must first determine the exact nature of your immigration/business goals.

When it comes to the E-2 Visa, it does not provide a pathway to U.S. Citizenship, as it is only a temporary work authorization based on a substantial investment. If you are seeking to establish the United States as your permanent home and obtain a green card to manage a company, the EB-5 Visa is the best option for you.

In addition to this, other advantages of the EB-5 Visa over the E-2 Visa include:

• EB-5 Investors do not have to maintain a business in their home country; and
• EB-5 Investors do not need to have extraordinary skills or achievements in their field.

What Requirements Must EB-5 Investors Satisfy?

Before making an EB-5 Investment, EB-5 Entrepreneurs must perform significant research and due diligence on the business in which they want to invest or – if seeking to create a new company – the types of EB-5 projects that have been approved in the past.

After selecting an EB-5 project and performing due diligence, investors must pay the EB-5 Visa application fee and make all required legal filings in order to get approval on their EB-5 Business.

If approval is granted, EB-5 Investors will then be required to meet with a representative of the U.S. Government at the embassy in their home countries for reviews of medical, criminal, and immigration history of the applicants.

If everything goes well, the EB-5 Visa is finally granted for a two-year conditional period, during which, amongst other requirements, the EB-5 Business must create and maintain at least 10 full-time jobs for U.S. workers.

What Must EB-5 Petitions Include?

When you apply for an EB-5 Visa, you will face a lengthy and laborious process, during which you must provide solid evidence setting forth a number of facts. In order to obtain the EB-5 Status, applicants must be able to show that they have:

• Established a new U.S. commercial enterprise or invested capital in a regional center’s existing commercial venture;
• Invested a qualifying amount of capital;
• Invested money that comes from a lawful source;
• Made an investment that is “at risk;” and
• Made an investment that will be able to create and maintain the required number of jobs for U.S. workers.

Additionally, EB-5 Applicants must state and demonstrate that:

• They intend to remain in the United States; and
• They will engage in the management of the EB-5 Investment and the EB-5 Business.

How Can a Miami EB-5 Visa Lawyer from Jurado & Farshchian Help?

At Jurado & Farshchian, P.L., our lawyers are dedicated to assisting clients from all over the world in achieving their immigration and business goals. After taking the time to understand your unique needs, circumstances, and goals, we will work diligently and strategically to help you prepare a solid EB-5 Visa Application.

To get in touch with one of our skilled Immigration & Business Lawyers, call our offices today at (305) 921-0440 or send us an email to [email protected]. Schedule an initial consultation with us and let us get started on your EB-5 application right away!

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