EB-5 Visa Lawyer in Brooklyn NY Helping Investors Live and Work in the United States

The EB-5 visa for international investors was created by Congress in 1990 to stimulate the United States economy by creating new jobs and capital investment from foreign investors. The EB-5 program allows an investor to immigrate to the United States and receive permanent resident status in a relatively short period of time. The investor must invest capital in a new or existing business in the United States.

Seen as an incredibly useful immigration program by both international investors and U.S. businesses, you may understandably expect the application process to be simple. This, sadly, is not usually the case. The immigration process is notoriously complex, even the routes used most commonly. And in turn, it often requires an EB-5 visa lawyer’s help to navigate.

How Does the United States Define a Commercial Enterprise?

The basis of the EB-5 visa is in the existing or planned existence of a commercial enterprise or “a new business”. Before applying, you’ll want to know exactly what the United States Citizenship and Immigration Services (USCIS) considers a commercial enterprise. A commercial enterprise is defined as any for-profit activity that has been formed for the ongoing conduct of legal business, including but not limited to sole proprietorships, partnerships,

corporations, joint ventures, business trusts, and more. For the most part, if you’re planning to come to the United States to invest in a new, legal business, the EB-5 visa could be an option. An EB-5 visa lawyer will be able to analyze your business plan and determine whether or not you’re eligible.

What Requirements Does an EB-5 Visa Have?

Assuming your business meets the definition of “commercial enterprise”, there are also specific job creation requirements that must be met in order to obtain an EB-5 visa. Your business must create or preserve at least ten full-time jobs for U.S. citizens within two years from the date you were admitted to the United States. If you cannot make that two-year deadline, you can file an appeal to show it will be met in “a reasonable amount of time.” The USCIS expects investors to create direct or indirect jobs in exchange for admittance into the United States. A direct job refers to actual, identifiable jobs within your new business, such as an employee on the payroll. An indirect job refers to jobs that were created somewhere else as a result of your new business, such as a new coffee shop and also helping a local bakery increase sales by stocking its products. There are multiple ways to meet these requirements, and an experienced EB-5 visa attorney can break down your options.

What Are Targeted VS Non-Targeted Employment Areas?

The EB-5 visa was created as an incentive for foreign investors to invest substantial funds into U.S.-based businesses. The minimum amounts can seem high. Fortunately, there’s a way to significantly lower that number and still gain entry into the United States. The amount of the investment can be cut in half if the project is located in a “Targeted Employment Area.” A Targeted Employment Area (TEA) is either a rural or economically distressed area that has an unemployment rate of at least 150% of the national average. Because these areas are in desperate need of jobs and investors, your cost is lowered as an incentive. If you’re open to creating a new business in a TEA, your chances of being approved for an EB-5 are greatly increased, and you should speak to an EB-5 visa law firm right away.

How Can an Immigration Attorney Help Me?

The world of immigration is complicated and often heartbreaking. If you want to make sure your investment visa application is approved as fast as possible, you should have a seasoned EB-5 visa lawyer handle your case from start to finish. Our Brooklyn immigration law firm will help you compile the necessary documents for your EB-5 visa and ensure your application is filled out in a way that gets approval. We will communicate directly with the United State Citizenship and Immigration Service (USCIS) while the application is being processed up until your approval. The Law Offices of Marjory Cajoux understands how important your investment is, and we are committed to handling your case in a way that benefits you and your family. Learn more by calling us at 718-237-0411!