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  • dimartinolaw
  • July 6, 2023

Understanding the US Investment Visa

For foreign nationals aspiring to become lawful permanent residents of the United States, there are several avenues to explore. One of the most notable options is the EB-5 visa lawyers program, commonly referred to as the “investor visa.” This blog post aims to shed light on the investment visa, its requirements, and the application process. If you’re considering this path to residency, it’s essential to understand the key aspects of the EB-5 program and seek the guidance of a  skilled  visa  lawyer to navigate the complexities involved.


What is the EB-5 Visa?


The EB-5 visa is designed to attract foreign investors and encourage them to establish new businesses in designated areas with high unemployment rates. By investing in these specially designated areas, investors contribute to job creation and stimulate economic growth with the help of visa lawyers.


The EB-5 visa program was established by Congress in 1990 to promote investment in rural and distressed areas. Aspiring immigrants must invest in a new commercial enterprise, which can take various legal forms such as sole proprietorships, partnerships, limited liability companies, corporations, and more. It is important to note that the EB-5 visa is exclusively for commercial activities; noncommercial endeavors do not qualify.


Qualifying Commercial Enterprises


To be eligible for the EB-5 visa, applicants must invest in a new commercial enterprise. This enterprise can take various legal business forms, such as sole proprietorships, partnerships, limited liability companies, corporations, business trusts, joint ventures, or holding companies. It’s worth noting that noncommercial activities or personal endeavors do not qualify for the investor visa. Creating a business solely for the purpose of managing a personal residence, for instance, would not meet the requirements for the EB-5 visa.


Investor visa applicants must invest enough capital to create a minimum of 10 full-time jobs in the associated commercial enterprise. A shell company with no active business engagement does not meet the requirements. The new commercial enterprise can also take the form of a holding company with several U.S.-based subsidiaries involved in separate for-profit activities. The primary goal is to drive economic growth and job creation in distressed areas of the United States.


Regional Centers and Employment Creation


The United States government has established “regional centers” to facilitate economic development in distressed areas. These regional centers, numbering over 30 in Florida alone, play a crucial role in the EB-5 Visa program. When an investor creates a new commercial enterprise in collaboration with an approved regional center, the government considers both direct and indirect job creation towards meeting the ten-employee minimum. 


By establishing a new commercial enterprise in association with an approved regional center, the applicant’s business can count “indirect jobs” towards the minimum employee requirement. However, if the enterprise is started outside of a regional center, at least 10 individuals must be directly employed.


Employee Qualifications and Work Requirements

All qualifying employees, including those indirectly employed as a result of the applicant’s commercial enterprise, must be U.S. citizens or individuals legally authorized to work in the United States. The applicant, their spouse, and children cannot count as qualified employees. Additionally, all qualifying employees must work a minimum of 35 hours per week, ensuring substantial employment opportunities are created for U.S. workers.


Navigating the EB-5 Visa Application Process


Applying for an investor visa in the United States is a complex process that requires careful attention to detail. It involves obtaining petition approval from U.S. Citizenship and Immigration Services and undergoing a comprehensive review by the National Visa Center.


To ensure a smooth and successful application, it is highly recommend to seek the assistance of an experienced business attorney. Who specializes in helping non-citizens establish businesses in the United States. By working with a visa lawyer, you can navigate the intricate requirements and regulations associated with the EB-5 program, increasing your chances of a favorable outcome.


Partner with Di Martino Law Group for Visa Requirements


The EB-5 visa program provides an excellent opportunity for foreign investors to obtain permanent residency in the United States. While contributing to economic growth and job creation. By investing in a new commercial enterprise and meeting the requirements set by the program. Individuals can take a significant step toward achieving their immigration goals.


If you’re considering applying for an investor visa, don’t hesitate to seek professional guidance from a reputable visa lawyer. The Di Martino Law Group specializes in assisting non-citizens with their business ventures in the United States and can provide invaluable support throughout the application process. Contact us today to schedule a consultation and explore the best visa option for you.



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