What Is Investor Law?

In 1990, a U.S. immigration law was established for the purpose of American job creation and economic growth.  The EB-5 visa program allows foreign investors to become permanent residents by obtaining a green card.  A foreign investor would need to meet certain requirements in order to qualify for the program such as capital investment, business entity type, and job creation.  If approved, the applicant, spouse, and children under the age of 21 would all receive a green card.

Investment

Under U.S. immigration investor visa program EB-5, applicants are required to invest a minimum of U.S. $1,000,000.  This can be in the form of cash, inventory, equipment, tangible property, cash equivalents or indebtedness secured by assets owned by the investor.  The required investment amount can be reduced to the U.S. $500,000 if the business is in a TEA (targeted employment area).  This can be a rural area, where the population is under 20,000 residents.  Or it can be in a high unemployment area, where the unemployment rate is 150% higher than the national average. 

Business Entities

There are several types of businesses available for investment.  New commercial enterprises are for-profit business entities, such as corporations, limited or general partnerships, sole proprietorships, business trusts, or private/public owned business structures.  Regional centers are designated by the USCIS as business investments which promote economic growth.  Older commercial enterprises are considered acceptable investments if the investment leads to a 40% growth of employees or net worth, and if the business is restructured into a new commercial business.

Job Creation

The USCIS requires that an EB-5 investor will create at least 10 full-time American jobs.  These jobs must be created within 2 years of receiving a green card status. If the new commercial business is within a regional center, the employees can be direct or indirect (jobs held outside of the enterprise but that are created because of the new commercial enterprise).

Applying For An EB-5 Visa

If you are currently in the U.S., you must qualify for an adjustment of status in order to receive an EB-5 visa.  A Houston investor immigration lawyer can be very crucial in filing and assembling all the necessary documentation for the application process.  At Davis & Associates, we are highly experienced in investor immigration law and can help you with any questions or concerns regarding your investor visa application.  Please contact one of our Houston investor visa lawyers today!   

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