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The price to participate in an EB-5 visa is increasing.

The EB-5 visa allows foreign nationals who make a significant investment in a U.S. company and help create jobs to immigrate to the United States. For the last 30 years, the amount of investment required was $500,000. On November 21, the amount required was raised to $900,000. The program has been criticized by some for corruption and not actually creating jobs where they are needed. In addition to the increased financial requirement which aims to address these concerns, the government will be conducting more oversight on EB-5 investment projects.

What evidence do you need for the EB-5 Visa?

 

Question: I have the $1,000,000 to invest in the EBp-5 Visa, but I don’t know exactly what evidence is needed. Can you describe?

 

Answer:  There are many requirements needed to show and provide evidence.

 

Question: What about the actual business or the commercial enterprise?

 

Answer: First, you have to show that it is a valid commercial enterprise. To qualify for EB-5 classification, an investor must show that an investment has been made in a qualified commercial enterprise. The applicant should include:  An organizational document for the new enterprise, including articles of incorporation, certificates of merger and consolidation, or partnership agreements; A business license or authorization to transact business in a state or city, if applicable; and for investments in an existing business, proof that the required amount of capital was transferred to the business after November 29, 1990, and that the investment has increased the net worth or number of employees by 40 percent or more.

 

Question: What about the capitalization or investment?

 

Answer: You must show different items regarding the actual investment itself. The EB-5 Petition must be accompanied by evidence that you have placed the required amount of capital “at risk.” A mere intention to invest will not demonstrate that the petitioner is actively in the process of investing. The investor must show actual commitment of the required amount of capital. Such evidence may include: Bank statements showing deposits in the U.S. account of the enterprise; Evidence of assets purchased for use in the enterprise;  Evidence of property transferred from abroad; Evidence of funds invested in the enterprise in exchange for stock, except for stock redeemable at the holder’s request; Evidence of debts secured by the investor’s assets and for which the investor is personally and primarily liable.

Simply putting the $1,000,000 into an account will not suffice.

 

Question: Is there anything else I must show with the funds invested?

 

Answer: You must show the  legal origins of the capital. The regulations require filing the following types of documentation, as applicable, to establish that capital used in the new enterprise was acquired by legitimate means. Foreign business registration records; Personal and business tax returns, or other tax returns of any kind filed anywhere in the world within the previous five years;  Documents identifying any other source of money; or  Certified copies of all pending governmental civil or criminal actions and proceedings, or any private civil actions involving money judgments against the investor within the past 15 years.

Question: What about the employment creation requirement?

 

Answer: To show that a new commercial enterprise will create at least 10 full-time positions for qualified employees, the petition must be accompanied by: Photocopies of relevant tax records, I-9 forms, or similar documents for 10 qualifying employees; or  a comprehensive business plan showing the need for at least 10 qualifying employees, and when the employees will be hired. The plan should include a description of the business; the business’s objectives; a market analysis, including names of competing businesses and their relative strengths and weaknesses; a comparison of the competition’s products and pricing structures; a description of the target market and prospective customers; a description of any manufacturing or production processes, materials required, and supply sources; details of any contracts executed; marketing

 

Question: How about my abilities to run the company?

 

Answer:  You must show that you have managerial capacity to run the company. An EB-5 immigrant must be involved in the management of a new commercial enterprise to qualify for a visa. The petitioner must be involved in the day-to-day managerial control of the enterprise, or manage it through policy formulation. Compliance with this requirement may be evidenced by  a comprehensive job description and title for the position occupied by the investor; evidence that the petitioner is a corporate officer or on the board of directors; or evidence that the petitioner is involved in direct management activities or policy-making activities of a general or limited partnership.

 

There are many strict requirements for the EB-5, so make sure it is done properly prior to investing.

The Multinational Manager Visa. How to get the Green Card without $1,000,000

Don’t have $1,000,000? Then try the Multinational Manager Visa to get the Green Cards for you and your family. Get a description from Immigration Attorney Brian D. Lerner

I can invest only $50,000 and get a work visa – not $1,000,000?

I can invest and get a work visa without having $1,000,000?

Question: I have about $75,000 to $120,000 and want to invest in a business in the U.S, but have heard that I need $1,000,000 to invest. Is there anything I can do?

Answer: Actually, you need only $50,000 to $100,000 depending on the business. You can buy a franchise, a business already in operation, start your own business or open a branch office of a business in the your home country.

Question: How do you begin preparation of the E-2 Visa?

Answer: 1. Make sure you are from a Treaty-Investor Country

The U.S. has treaties with many different countries around the world. However, if there is no treaty with the counry that you were born in, then it will not qualify you for an E-2 Visa.

2. Make sure you have enough money to invest

There is no set number. However, the general guideline is that you want to have around $100,000 to invest in your own company in the U.S.

3. Make sure you will manage the company

You need to make certain that you will manage the company in a supervisory or managerial capacity and not as a line type worker.

4. Make sure you are in status

If you are inside the U.S. and will be doing a change of status, you will want to make sure that you are in legal status and have not violated your status in anyway. Otherwise, you might not be able to change your status to E-2.

5. Keep all of your receipts and contracts

Once you would get the E-2, you need to make sure that you keep all of the receipts and contracts so that when it becomes time to renew the E-2, you are able to provide the necessary proof.

Question: How long is the stay allowed for in an E-2 status?

Answer: Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129 with USCIS in this situation.

Question: How do you apply for the E2 ?

Answer: Application for E status filed on Form I-129 if seeking C/S in U.S. If filing application at consular post, most posts use the DS-156E supplemental form in addition to the DS-160 visa application. Applicant must provide supporting evidence of the investment. The burden of proof is on the applicant.

Question: Can I apply for a Franchise?

Answer: Yes, there are a number of Franchises that are within this monetary range and would would perfectly for an E-2. There are fast food franchises, cleaning, dollar-store, and many other types of opportunities.

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