Immigrant Investor Visas

In the United States, immigration laws focus on the needs of the economy and the needs of individual citizens. Therefore, green cards are granted based on employment or family categories. In 1990, Congress created a fifth employment-based visa preference category, called the EB-5 Immigrant Investor Visa. This visa is awarded to immigrants who wish to invest in a new or troubled business to create at least 10 full-time jobs for U.S. workers and benefit the U.S. economy.

Creating a New Business Enterprise

To qualify for an immigrant visa based on creating a new commercial enterprise, you are required to:

Invest at least $1 million (or $500,000 in a targeted employment area)Provide goods or services to the U.S. market and benefit the U.S. economyCreate full time jobs for 10 or more authorized workersBe involved in the management of the business

The U.S. Customs and Immigration Service defines a "targeted employment area" as somewhere rural or that has an unemployment rate at least 150 percent higher than the national average.

Investing in a Troubled Business

To qualify for an immigrant visa based on investing in a struggling business, you must invest in a business that has:

Existed for no less than two yearsIncurred net losses equal to at least 20 percent of the business's net worth for 12 to 24 months before filing the immigration petition

As in creating a new business, you are required to invest at least $1 million (or $500,000 in a targeted employment area) and be involved in the management of the business. You must also ensure that for the two year period after your initial investment, the number of jobs does not drop below their initial numbers.

To learn more about qualifying or applying for an immigrant investor visa, visit the website of the Austin green card attorneys at the Jang Law Office.

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