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Immigration to the United States of America via Employment-Based Streams

EB-5 – United States Fifth Preference – Investor Immigration Program

The EB-5 U.S. Visa employment-based program covers foreign investors who wish to apply to the USCIS to enter the United States as a Conditional Permanent Resident. Your business venture must stimulate the U.S. economy, by your investment of capital and increase or preserve employment opportunities for U.S. workers. Lower capital investment amounts are usually required when investing in Targeted Employment Areas’ rural areas outlined by the USCIS ‘Regional Center Program’, in order to stimulate the economy, whereas higher capital investments are required in urban areas where the economy is stronger.

In order to meet the criteria of the EB-5 U.S. Visa program, you must:
  • prove that you have, or are in the process of investing, your own legally obtained capital, in the General amount required to invest in a new or existing United States business or commercial enterprise which is of $1,000,000.00 U.S., or invest$500,000.00 U.S if you have qualified to invest within a ‘Targeted Employment Area’, meaning a rural with less than 20,000 people or high unemployment area, (150 per cent of the national average)
  • submit any kind of income tax returns you have filed within the last 5 years, inside or outside the U.S.A., including both personal or business, as well as invoices, receipts, bank statements, contracts, business licenses and registrations to prove that you have sufficient capital and that you have sustained a commercial enterprise for a minimum of 2 years inside or outside the U.S.A.
  • disclose evidence of any pending proceedings dealing, judgements, etc., with the court systems or governments, inside or outside the U.S.A., during the last 15 years
  • show a business plan that includes a minimum 40 per cent increase in the net worth of the business or increase in the number of workers you employ, and be able to create or preserve at least 10 permanent, full-time jobs for qualified U.S. workers·
  • you must show proof that you plan to be actively operating and managing the business venture on a day-to-day basis or via policy formulation, and ensure you meet the definition of a ‘New Commercial Enterprise’, by being sole proprietorship, partnership, holding company, joint venture, corporation, business trust, or other entity – publicly or privately owned
  • invest in a “for profit” business that is a new commercial enterprise, established after 1990
  • if investing in a ‘troubled business’, ensure it is at least two years old, and incurred a net loss of 20 per cent of the net worth during the 1 to 2 years immediately prior submitting your application

The team at 123Visa has vast experience and expertise helping business entrepreneurs settle by not only ensuring criteria is met at your end but also with taking your details and presenting you in a way that highlights areas in which you surpass the criteria.

Our team of experienced immigration consultants can help you figure out the best way to present yourself as an investor in the U.S. economy, whether you are creating a new commercial enterprise or managing an existing commercial enterprise that you have invested in. There are many factors for the USCIS to weigh when reviewing your immigration petition. The EB-5 or fifth preference visa that participants receive, is as extremely sought after visa, as are all U.S. visas, so the 123Visa team and your family must all do the best job we can to get you into the U.S.A. via this program. We also advise on the many details involved with bringing your family into the United States with you. Your unmarried children, less than 21 years old may be admitted to the United States along with your spouse who is allowed to apply for a ’green card’ and also work in the United States.

Get the help of experts with your EB-5 U.S. Visa application.

This post is also available in: Persian