Miami EB-5 Investor Visa Lawyer for Foreign Investors

The EB-5 Investor visa is a unique immigration option that allows foreign nationals to obtain U.S. lawful permanent residence (Green Card) through significant capital investment in a U.S. business that creates jobs. This visa is designed to stimulate the U.S. economy through job creation and capital investment.

The EB-5 visa program was created by Congress in 1990 as part of the Immigration Act to attract foreign capital and create jobs for American workers. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS.

Today, the EB-5 program continues to be a vital part of U.S. immigration policy, especially with recent reforms aimed at increasing its integrity and efficiency. The EB-5 Reform and Integrity Act of 2022 introduced several changes, including the reauthorization of the Regional Center Program and new requirements for investors and regional centers.

Benefits

1. Path to Permanent Residency: Successful applicants and their families receive a Green Card.
2. Economic Contribution: Significant investment in U.S. businesses, promoting economic growth and job creation.
3. Family Inclusion: Spouses and unmarried children under 21 can also obtain Green Cards.
4. Investment Flexibility: Investors can choose between direct investment in a business or investing through a regional center.

Requirements

To qualify for the EB-5 visa, applicants must meet the following criteria:

• Investment Amount: Invest a minimum of $1,050,000, or $800,000 if in a targeted employment area (TEA).
• Job Creation: Create or preserve at least 10 full-time jobs for U.S. workers within two years of the investment.
• Business Plan: Provide a comprehensive business plan demonstrating how the investment will create the required jobs.
• Source of Funds: Prove that the investment funds are lawfully obtained.

EB-5 Investor Visa – Frequently Asked Questions

Introduction:
The EB-5 Investor Visa is a pathway to U.S. residency for individuals who make qualifying investments in the United States. This program is overseen by the U.S. Citizenship and Immigration Services (USCIS) and has specific requirements that must be met by investors and their businesses. Below are answers to common questions about the EB-5 program.

General Overview

What is the EB-5 Investor Visa Program?
The EB-5 program allows foreign investors to obtain a U.S. green card (permanent residency) by investing in a U.S. business and creating jobs. The program is administered by USCIS and was established by Congress in 1990 to stimulate the U.S. economy.

What are the basic requirements for an EB-5 visa?
Investors must:
– Invest a minimum of $1,050,000 in a U.S. business, or $800,000 in a Targeted Employment Area (TEA).
– Create or preserve at least 10 full-time jobs for U.S. workers.
– Be involved in the management of the business or oversee policy-making decisions.

What is a Targeted Employment Area (TEA)?
A TEA is either a rural area or an area with a high unemployment rate (at least 150% of the national average). Investments in TEAs allow for a lower investment threshold of $800,000.

Investment Requirements

How much do I need to invest for the EB-5 visa?
The minimum investment amount is $1,050,000, but if you invest in a TEA (Targeted Employment Area), the amount is reduced to $800,000.

Can I use a loan for my EB-5 investment?
Yes, but the loan must be secured by your personal assets, and the funds must be lawfully obtained. Simply receiving a loan from a third party without personal collateral is not acceptable.

What documentation is required to prove my funds are lawful?
You must provide documentation tracing your investment capital, including tax returns, bank statements, property sale receipts, business records, and affidavits that prove the legal source of your funds.

What is the difference between a direct investment and a Regional Center investment?
A direct investment means investing in a business where the investor takes an active role, while a Regional Center investment allows investors to pool resources with others in a government-approved Regional Center, which oversees job creation on their behalf.

Regional Centers

What is a Regional Center?
A Regional Center is a USCIS-approved organization that promotes economic growth, regional productivity, and job creation. It allows EB-5 investors to pool their investments to fund larger projects.

What are the benefits of investing in a Regional Center?
The main benefit is that investors do not have to be directly involved in managing the business or job creation. Regional Centers also allow indirect job creation (jobs created as a result of the project but not directly within the business itself).

How do I find an approved Regional Center?
USCIS maintains a list of approved Regional Centers on its website. It is essential to conduct due diligence on any Regional Center before investing, as USCIS approval does not guarantee the success or legitimacy of a project.

Job Creation Requirements

What qualifies as “job creation” under the EB-5 program?
The investment must create at least 10 full-time jobs for U.S. workers. These jobs must last at least two years and be filled by U.S. citizens, permanent residents, or other authorized workers.

Can indirect jobs count toward the job creation requirement?
Yes, if you invest through a Regional Center, indirect jobs (such as those created in related businesses or through increased economic activity) can be counted, as well as direct jobs within the enterprise itself.

EB-5 Investor Visa Process

What is the process for obtaining an EB-5 visa?
The process includes:

– Filing Form I-526 (Immigrant Petition by Alien Investor): This petition demonstrates that you meet the program’s requirements.

– Applying for a Conditional Green Card: Once your I-526 is approved, you can apply for a two-year conditional green card.

– Filing Form I-829 (Petition to Remove Conditions): Before your conditional residency expires, you must file Form I-829 to prove that you’ve met the investment and job creation requirements.

How long does it take to get an EB-5 visa?
Processing times vary, but on average, it can take between 24 to 36 months for I-526 approval. Additional time is required for obtaining a conditional green card and then removing conditions.

Can I include my family members in my EB-5 application?
Yes. Your spouse and unmarried children under the age of 21 can be included in your EB-5 application and will receive green cards if your application is successful.

Conditional Permanent Residency

What is a conditional green card?
A conditional green card is issued to EB-5 investors for a two-year period. During this time, the investor must prove that their investment is sustained and that they have met the job creation requirements.

How do I remove the conditions on my green card?
Before the two-year conditional period expires, you must file Form I-829 to demonstrate that the investment has been made and that the job creation requirements have been fulfilled. Upon approval, you will receive a permanent green card.

Risk and Returns of EB-5 Investor Visa

Is the EB-5 investment guaranteed?
No, the EB-5 investment is not guaranteed. The investor’s funds are subject to the risks associated with the project. However, careful due diligence can help minimize risk.

Will I get my money back after receiving my green card?
This depends on the terms of the investment. Some projects offer returns after a specified period, but the return of funds is not guaranteed and is subject to the success of the business.

Travel and Residency

Do I need to live in the U.S. while holding an EB-5 visa?
You are not required to live in a specific location or state, but as a green card holder, you must maintain residency in the U.S., which generally means living in the U.S. for at least six months each year.

Can I travel outside of the U.S. while holding a conditional or permanent green card?
Yes, but you must ensure that your trips are temporary and do not indicate that you’ve abandoned your U.S. residency. If you plan to be outside the U.S. for more than six months, you may need to apply for a re-entry permit.

Other Considerations

Can I apply for U.S. citizenship through the EB-5 program?
Yes. After holding a green card for at least five years (two years of conditional residency plus three years of permanent residency), you can apply for U.S. citizenship, provided you meet all other eligibility requirements.

Can my children attend U.S. schools as EB-5 visa holders?
Yes, as green card holders, your children are eligible to attend U.S. public schools and universities and may qualify for in-state tuition rates in some states.

What happens if my I-526 or I-829 petition is denied?
If your petition is denied, USCIS will provide a reason for the denial. You may appeal the decision or file a motion to reopen or reconsider the case if you believe an error was made. Consulting with an immigration attorney is essential if your case is denied.

What are the tax implications of holding an EB-5 visa?
As a U.S. permanent resident, you will be subject to U.S. tax on your worldwide income. It’s crucial to consult with a tax advisor to understand your obligations and to plan appropriately.

Conclusion

The EB-5 Investor Visa provides a path to U.S. residency for individuals who can make a significant investment in the U.S. economy and create jobs. However, the process can be complex, and it’s essential to meet all legal requirements. Immigration law attorney Martha Arias can help guide you through the EB-5 Investor Visa process, ensuring your application is properly handled every step of the way.

Navigating the complexities of the EB-5 Investor visa requires expert guidance. Immigration law attorney Martha L. Arias, Esq. offers the expertise needed to successfully prepare and submit your EB-5 visa application. Contact us today for a consultation and ensure your application meets all requirements for a successful outcome.