Dallas Immigration Attorney
EB-5 Immigrant Investor Visa
The EB-5 visa for immigrant investors was created by Congress in 1990 to stimulate the United States economy through creating jobs and capital investment by foreign investors. Under a pilot immigration program that was initially enacted in 1992, the program has been consistently reauthorized ever since. All EB-5 investors are required to invest in a new commercial enterprise that abides by the following guidelines:
- It must be established after November 29, 1990, or
- If it was established on or before November 29, 1990 it must have been purchased and the business must be restructured in such a way that a new commercial enterprise will be created, or
- It must be expanded through the investment so that either a 40% increase in the net worth or number of employees occurs
What is a commercial enterprise?
A commercial enterprise refers to any for-profit activity that has been formed for the ongoing conduct of a legal business enterprise including but not limited to:
- A sole proprietorship
- Partnerships
- Joint Ventures
- Corporations
- Business trusts or other entities which are either privately or publicly owned
In addition to the above, there are job creation requirements that must be met in order to acquire an EB-5 visa. The capital enterprise must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or within a reasonable amount of time after the two year period) from when the immigrant investor was admitted into the United States as a Conditional Permanent Resident.
The immigrant investor is expected to either create or preserve direct or indirect jobs. A direct job refers to actual identifiable jobs for employees within the commercial enterprise for which the EB-5 investor has invested their financial capital.
Indirect jobs refer to those jobs that have been created as a result of capital invested in the commercial enterprise affiliated with a regional center by an EB-5 investor. Keep in mind also that investors may only be credited with preserving jobs in a troubled business.
Dallas Immigration Lawyer
If you are an immigrant investor and are seeking to obtain an EB-5 Immigrant Visa, then we urge you to contact a Dallas immigration attorney at the Mathur Law Offices. Our founding partner, Sanjay S. Mathur is an immigrant himself, so he has an intimate understanding of the complexities involved in obtaining any type of United States visa. The firm has been providing superior immigration services to the Dallas, Fort Worth and Denton areas for more than 15 years. If you are looking to invest capital in the United States, we can help you file the necessary paperwork for the EB-5 Immigrant Visa, and we can help streamline the process so it goes as smoothly as possible. We understand how important your investment is and we are committed to handling your case in a professional manner.
For more information about the EB-5 visa, contact a Dallas immigration attorney at the Mathur Law Offices.