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An Overview of Requirements for an EB-5 Investor Visa

Every year, entrepreneurs throughout the world seek new business ventures in which to invest capital, time, and effort.  Many entrepreneurs seek to make these investments in the United States.

When a person makes an investment in a new commercial enterprise in the U.S. that creates jobs, he or she may be able to seek permanent resident or “green card” status based on the investment.  In this situation, the investor may seek an EB-5 investor visa.

Investors must meet certain minimum requirements to obtain a green card through their investor status.  For instance, he or she must invest in a “new commercial enterprise,” which must also be a for-profit business organization.  The investment must create or preserve, directly and indirectly, at least a minimum of 10 full-time jobs for qualifying U.S. workers, and it must do so within a certain time limit.

The investor must also meet certain capital requirements.  “Capital” includes cash, equipment, inventory, debts, other liquid assets, and other tangible property secured by assets owned by the foreign national investor.  He or she must be primarily liable for the capital, and the required minimum investment in most cases is $1 million USD.  However, if the investment is made in a “targeted employment area,” such as a rural area or an area with high un-employment, a smaller total investment of $500,000 will qualify the investor for a green card if all other requirements are met.

At Peek & Toland, L.L.P., our experienced Austin, Texas immigration attorneys can help you secure the paperwork you need to stay in the United States and make your business thrive.  Contact us today by calling (512) 474-4445 to learn more.

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