EB-5 Visas for Immigrant Investors
Queens Employment Immigration Attorney
The EB-5 visa is a relatively new type of visa that was implemented by
Congress in 1990. Its original intent was to boost job growth and the
U.S. economy overall. Those who are granted visas in this category are
called "investors" because they must be immigrating for the
purpose of investing in a new commercial enterprise. There are strict
qualification standards for what type of business meets "new commercial
The business or organization must be at least ONE of the following:
- Date of establishment after November 29, 1990
- Established after 11/29/90 but has either:
- Been bought out and restructured so that the company is essentially a new
- Been expanded due to various investments. These investments must have increased
the size of the enterprise by 40 percent in net worth or total number
If you are investing in a new commercial enterprise, that enterprise must
also be a for-profit organization. Non-profit and not-for-profit ventures
will not quality an individual for this type of visa. This means that
the business could be characterized as a partnership, a joint venture,
a sole proprietorship or a related type of business structure.
Since the purpose of the EB-5 visa is to create new jobs in the U.S., the
new commercial enterprise being invested in must be expected to create
and sustain at least ten full-time employees. These employees must be
American workers or fall under the category of permanent U.S. resident.
We represent individuals throughout Queens, Brooklyn, The Bronx, Manhattan,
Rockland County and Westchester County.
Direct and Indirect Job Creation Requirements
The new commercial enterprise that you are planning to invest in must also
create direct or indirect jobs. The USCIS breaks down what is meant by
direct and indirect jobs.
Direct Jobs: These are tangible jobs that are the obvious and natural result of the
business' creation. These jobs are located within the actual enterprise
the immigrant investor is investing in.
Indirect Jobs: These are jobs that are not directly created by the investment into the
new commercial enterprise, but are in some way a result of that investment.
According to the USCIS, "A foreign investor may only use the indirect
job calculation if affiliated with a regional center."
How much money do I have to invest to qualify?
First of all, the investment is calculated in terms of U.S. dollars rather
than foreign currency. The assets must not create any indebtedness, which
means that the investor must be investing actual capital (cash, inventory
or other tangible assets). The investment money/assets must not have been
obtained by illegal means. These investments will be prohibited. The USCIS
also establishes minimum amounts that foreign investors can invest in
order to obtain an EB-5 visa:
- For a general investment, the investor must meet the minimum monetary requirement
of $1 million USD.
- For an investment in a business located in either a high unemployment or
rural area, the minimum monetary requirement is $500,000 USD.
If you are unsure whether your investment is a general or targeted investment,
we encourage you to speak directly with a
Queens immigration attorney at our firm.
How Musa-Obregon & Associates Can Help in Queens
New York City employment immigration lawyers at our firm have what it takes to ensure that deserving workers and investors
get employment visas. We understand that not everyone will qualify, but
it is our goal to help all qualifying individuals gain access to the EB-5
visa. The immigration process in the United States can be complicated
and present a number of issues. Our law firm is here to walk you through
this process step-by-step so that you can file a successful petition for a visa.
To learn more, please don't hesitate to
call our New York City immigration attorneys today!