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E(b)-5 Visa
EB5 has been controversial.
Immigrants seeking to enter to engage in a commercial
enterprise that will benefit the U.S. economy and create at
least 10 full-time jobs. The basic amount required to invest
is $1 million.
First, you are only considering this
because you don’t qualify for another visa category and you
want a green card. If you invest in a pooled immigrant
investor fund, INS will deny your file. It has been that
simple.
If you as an individual invest the required
capital amount in a job producing enterprise.... INS should, after
a long processing period approve your case if you have a
detailed business plan, a verifiable source of funds, and if
you add some value to the business either through your
experience/education or as an owner operator.
What is the procedure for an
investor to qualify as an immigrant based upon the investment?
A form, titled “Immigrant
Petition by Alien Entrepreneur,” must be filed
with the Immigration and Naturalization Service Center. The
petition must be supported by a substantial amount of
documentation proving that the investor meets all of the
requirements. Once the petition is approved, the investor may
either apply for an immigrant visa at a U.S. Consul or, if the
investor is in the United States, apply for adjustment of
status to permanent residence.
What documents must be filed with
the petition?
The basic rule is that there must be documentation to
establish each of the requirements set forth above.
Specifically, documentation must prove the actual transfer or
commitment of funds; the lawful source of the investor’s
funds; the location of the investment in a targeted employment
area (if the investment is less than $1 million); the
establishment of the new commercial enterprise; the
involvement of the investor; the business; and the actual
creation of 10 full-time positions or a comprehensive business
plan showing the need for the 10 employees and the approximate
dates when they will be hired. Specific additional documents
will be required depending upon the details of the investor
and the investment being made.
Because of the uncertain processing times, you
should apply for an E visa first, then apply for
the E(b)5.
We
can help you find an immigration attorney and business that
you might be able to use to qualify for E(b)5
visas.
Call
561-339-4979
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