Understanding of the Basics of an Eb-5 Visa

Posted by Adam Hodson on 一月 29, 2015

Many businesses look at different methods of getting the capital needed to keep the business operating. Many times, business owners try to get loans from lending institutions or sometimes, the business owner will sink what money they have into the business in order to help it stay afloat. However, there are some instances where businesses look to foreign investors in order to keep their business afloat or to help expand their business. In many cases, if the investor is going to play a crucial role in the day-to-day activities, they may require an Eb-5 Visa.

This particular Visa was introduced in 1992 by the US Citizenship and Immigration Services. This particular Visa allows individuals to come into the country as capital investors for a failing business. However, while this is a legal process and completely allowable under the current laws and regulations by the USCIS, there are some things to consider if you’re looking to help an individual to acquire a immigrant investor visa.

The first thing pertains to a qualifying business. A troubled business, as defined by the USCIS, needs to be a business that is been in existence for at least two years and over the last 12 to 24 months has posted a net loss.

The second requirement for any individual looking to acquire an eb-5 visa is that they have to be able to prove that their investment will lead to the creation of jobs. In fact, the stipulation is very specific that the investment needs to be able to produce at least 10 full-time jobs. Fortunately, a foreign investor as well as the company he or she is investing in have up to two years to create these jobs.

However, the regulations don’t end there. The USCIS is very specific about who qualifies for a full-time job. The jobs must be provided to people who are legally able to work within the United States. Whether those jobs are given to US citizens or to individuals who have obtained a legal right to work within the United States, the fact remains that the people who receive the full-time positions must show proof of being able to legally work. If not, the jobs are considered invalid and the visa can be revoked.

In addition, the capital that is invested is typically in the form of cash. However, things like equipment, inventory or other types of property can correlate to a capital investment, thus permitting the issuance of an eb-5 investor visa.

If you’re looking for more information about the qualifications or the requirements for this type of visa, or you want more information about the various trends in this particular type of immigration, it’s best to contact an eb-5 regional center. This is an excellent resource to learn everything you need to know about these types of visas. This is especially important if you are considering bringing in a foreign investor to help your troubled business.

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