EB-5 Visa Requirements

EB-5 Investor Visa

The EB-5 visa category was created as a means of stimulating job creation through foreign capital investment. EB-5 visa requirements include, but are not limited to:

• Investment of one million dollars, or investment of $500,000 in an area designated as a targeted employment area (TEA).
• Creation of full-time employment for at least 10 individuals (see below).
• Investment in a new business or an existing troubled business.
• Investment in an approved regional center (see below).

Creation of 10 U.S. Jobs Through Investment in a Regional Center

A foreign investor seeking to obtain an EB-5 investor visa must demonstrate that their investment will create at least 10 U.S. jobs. The jobs that are created must employ U.S. citizens, lawful permanent residents or other individuals who may legally work in the U.S.

The benefit of creating a regional center is that the sponsor is able to fulfill the job creation requirement by creating ten jobs both directly and indirectly for investors in the project. Direct jobs are those U.S. employees who are employed by the sponsor at the subject project and collect a salary which is reported as income on a W2 form to the Internal Revenue Service. Indirect jobs are those which are deemed to have been created in the community as a positive result of the original investment.

It is clear from a development perspective, that having the ability to fulfill the job creation component with fewer direct jobs in relation to indirect jobs will minimize the financial burden on the sponsor and make it more feasible to satisfy the requirement. Evidence of the direct jobs having been created are submitted at the time the investor files the I-829 Petition for the removal of conditions. Such evidence of direct employment is also used as part of the annual reports submitted by the regional center sponsor to the USCIS EB-5 unit for compliance purposes.

The Behar Law Group

The Behar Law Group assists developers in the creation and administration of EB-5 regional centers throughout the United States. A full range of immigration services are provided on behalf of EB-5 immigrant investors as well.

The team is headed by veteran immigration lawyer Larry J. Behar and consists of top legal and business professionals that includes economists, business plan writers, marketing and IT experts, web designers, SEC attorneys and EB-5 immigration lawyers.

To learn more, contact Behar Law Group in Fort Lauderdale, Florida.

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