(512) 474-4445
1214 E. 7th St., Austin, TX 78702

EB-5 Investor Visa Lawyers in Texas

Are you an foreign investor looking to invest in Austin, Texas, one of the fastest growing technology and innovative markets in the U.S.? Join the ranks of Samsung, Dell, Apple, and Google with Peek & Toland Law Firm's experienced and professional immigration team. Let Peek & Toland do the legal leg work, so you can invest with confidence and piece of mind. Contact our office today, for a consultation with one of our experienced and knowledgeable immigration attorneys.

EB-5 Investor Visas

To qualify for an EB-5 visa, a foreign investor must invest in a new commercial enterprise, which is a commercial enterprise:

  • Established after Nov. 29, 1990, or
  • Established on or before Nov. 29, 1990, that is:
    1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
    2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs

For a enterprise to qualify as a commercial enterprise under the EB-5 requirements, it must be a for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:

  • A sole proprietorship
  • Partnership (whether limited or general)
  • Holding company
  • Joint venture
  • Corporation
  • Business trust or other entity, which may be publicly or privately owned

A qualifying EB-5 commercial enterprise includes, a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.

Job Creation Requirements

To qualify as an EB-5 investor, the commercial enterprise must:

  • Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
  • Create or preserve either direct or indirect jobs:
    • Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
    • Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.

Note: Investors may only be credited with preserving jobs in a troubled business.

A Troubled Business

A troubled business is an enterprise that has been in existence for at least two years and has incurred a net loss during the 12- or 24-month period prior to the priority date on the immigrant investor’s Form I-526. The loss for this period must be at least 20 percent of the troubled business’ net worth prior to the loss. For purposes of determining whether the troubled business has been in existence for two years, successors in interest to the troubled business will be deemed to have been in existence for the same period of time as the business they succeeded.

Qualified Employees

A qualified employee is a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. The individual may be a conditional resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation. This definition does not include the immigrant investor; his or her spouse, sons, or daughters; or any foreign national in any non-immigrant status (such as an H-1B visa holder) or who is not authorized to work in the United States.

Full-Time Employment

Full-time employment means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week.

Job-Sharing Arrangement

A job-sharing arrangement whereby two or more qualifying employees share a full-time position will count as full-time employment provided the hourly requirement per week is met. This definition does not include combinations of part-time positions or full-time equivalents even if, when combined, the positions meet the hourly requirement per week. The position must be permanent, full-time and constant. The two qualified employees sharing the job must be permanent and share the associated benefits normally related to any permanent, full-time position, including payment of both workman’s compensation and unemployment premiums for the position by the employer.

Capital Investment Requirements

To qualify for an EB-5 visa, the investor must meet certain capital investment requirements. Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the foreign entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital shall be valued at fair-market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) are not be considered capital.

Note: Investment capital cannot be borrowed.

To qualify for an EB-5 visa, a foreign investor must make the following minimum investments:

  • General. The minimum qualifying investment in the United States is $1 million.
  • Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.

Targeted Employment Area

A targeted employment area is an area that, at the time of investment, is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate.

Rural Area

A rural area is any area outside a metropolitan statistical area (as designated by the Office of Management and Budget) or outside the boundary of any city or town having a population of 20,000 or more according to the decennial census.

Located At

Peek & Toland, L.L.P.
1214 E 7th Street
Austin, TX, 78702
Phone: (512) 474-4445

Connect With Us

Copyright & Disclaimer

Use of this website, does not constitute, in any manner, an attorney-client relationship between Peek and Toland Law Firm and the receiver. While the information on the Peek and Toland Law firm website is about legal issues, it is not intended as legal advice or as substitute for the particularized advice of your own counsel. If you are seeking specific legal advice or assistance, you may contact us through our contact page or the phone number provided above, or you may seek legal advice or assistance through another source. Filling out the contact us form, calling our office or emailing our attorneys does not create an attorney-client relationship and will not be treated as confidential. Transmission of information from this site or any use of e-mail is not intended to create or establish an attorney-client relationship between Peek and Toland Law Firm and anyone else.

The information provided on the Peek and Toland Law Firm website should not be relied on as accurate or correct as laws in specific jurisdictions change frequently. Please consult an attorney in your jurisdiction for specific question about the law in your area.

Website Design, SEO and Legal Internet Marketing by:SLS Consulting