Investors from national or international should meet the explicit regulatory requirements demanded by the Immigration in the United States of America citizenship to acquire the EB-5 visa program obtaining the right to have permanent residency in the State.
Generally, all the investors, both foreign and local entrepreneurs, should satisfy the amount required for capital investment, the requirement for job creation, and to ensure that the business is receiving the right investment that qualifies to the program of EB-5 visa, as specified under the given investment criteria and law by the State to make your application to be valid.
All the applicants for EB-5 visa, including their children under twenty-one years of age and their spouse, could acquire their certification and card for permanent residency once the investor submits all the government’s requirements. If and only if the requirements meet and satisfy the Immigration requirement, that is when then would get the approval from the USCIS for the EB-5 visa.
There are five main criteria or requirements to submit for acquiring an EB-5 Visa. Provided as follows:
1. Investment
Actively participating and investing with one or more million bucks as a capital investment into the commercial enterprises in the United States is one of the requirements that an applicant for EB-5 should do. must do.
Investing to acquire an EB-5 visa could take all the investor’s equipment, inventory, a form of cash, secured indebtedness, cash equivalents, or any tangible property that serves as the collateral of it once the business starts and turns down. The investment evaluation would establish according to the market dollar fair value of the United States of America.
The minimum amount of the required capital investment for the EB-5 visa program investor could not be lower than a million dollars if the applicant invested in a commercial business entity for the rural area location, which has a higher unemployment level setting.
2. Job Creation Requirements
The investor could either buy or recreate their own business once they decided to invest in both existing and new enterprises.
Here are the two main criteria provided by Immigration below for the EB-5 visa applicant. This guide would serve as their standard in investing in a New Business and in a Failing business.
An investor who would have the interest to invest in a new build business should offer at least half or a million bucks in the designated rural area with a higher rate of unemployment of overall average in the national rating.
To qualify the EB-5 as an investor, you have to prioritize the benefit of both the State’s economy and business nature as they invest by providing the best and great services of goods and applications into the market’s domestic approaches.
Your new business enterprise should provide a great source of full-time jobs and positions for American workers, whether directly or indirectly created for both citizens and cardholders who obtain permits to work in the U.S. by the State law. But it does not include the foreign employee’s family members.
The investors’ capital investment could be cash or not cash equivalents like equipment, stocks, or other tangible property as collateral that secures the investor’s assets and liability.
The EB5 applicant investor should participate directly as a limited partner or manage the capacity of the business.
For investors who would invest in Failing Business, you have to know that a failing business must be running for at least two years to consider it an investment.
As you were investing and experienced a net loss, the business must have a prepared time frame of recent business activities within 12 to 24 months before you appeal to return.
You have to check and look for a balance sheet of the business you are investing in where the business net worth’s recorded and could find at least twenty percent of their net worth to recognize the business loss.
You also have to maintain jobs as much as possible for two years before you could invest.
3. The risk or Active Investment process
Investors must invest in failing or new business because the risk of losing or failing is approaching. But the States requires every investor who wants to apply for an EB-5 visa to take a risk not only buying a business but also putting up capital or source of income once the company or business is investing in failures or losses. So, active and risk-taker investment has a higher chance of satisfying the States’ necessary investment process.
4. Financial Stability
Another important requirement that an investor should satisfy is providing enough income resources for investing to help the State’s economy benefit from the investment and the business.
You have to show solid proof of the legitimate income source where you could support the funds you need for your business. So, financial stability is vital and required when you are applying for an EB-5 visa.
5. Business Entities
There are different types of business entities that an applicant could invest in to qualify for an EB-5 visa. Generally, the applicants could invest directly in a regional center or new commercial enterprise for-profit entities to take one of many different businesses’ structures.
Including the Sole proprietorships, which is an enterprise that only one person manages, a limited partnership is another kind of entity wherein one or more partnerships do not need to involve in managing the business daily.
The other entity is general partnerships wherein all partners should contribute to managing the business daily. At the same time, limited liability companies are the one who provides limited liability protection for every associate of the business, corporations, business trusts, and other structures both publicly or privately owned business.
Finally, we listed down all the requirements and insights that you need to obtain an EB-5 visa. It may require you a lot of time, money, and effort to achieve it, but it would be great when you already have it.
We anticipate that all the details and information we provided in this article would help you gain this visa, whether you are a local or foreign investor and entrepreneur. And so, prepare well all the documents, money, and your time for it. The EB-5 visa is an important document that every person needs to put up their business, whether locally or abroad.
