EB5 Immigrant Investor Green Card

Texas EB-5 Immigrant Investor Green Card Attorneys

EB-5 Immigrant Investor Green Card

The fifth employment based visa preference category, created by Congress in 1990, is available to immigrants seeking to enter the United States in order to invest in a new commercial enterprise that will benefit the US economy and create at least 10 full-time jobs. There are two ways to invest which you may use within the EB-5 category and they are: creating a new commercial enterprise or investing in a troubled business.

1. ELIGIBILITY:

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

2. CRITERIA:

New Business Enterprise

To qualify you must:

• Invest or be in the process of investing at least $1,000,000. If your investment is in a designated targeted employment area (discussed further below) then the minimum investment requirement is $500,000;
• Benefit the U.S. economy by providing goods or services to U.S. markets;
• Create full-time employment for at least 10 U.S. workers. This includes U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S. (however it does not include you (the immigrant), or your spouse, sons or daughters);
• Be involved in the day-to-day management of the new business or directly manage it through formulating business policy - for example as a corporate officer or board member.

Troubled Business

To qualify you must:

• Invest in a business that has existed for at least two years;
• Invest in a business that has incurred a net loss, based on generally accepted accounting principles, for the 12 to 24 month period before you filed the Form I-526 Immigrant Petition by an Alien Entrepreneur;
• The loss for the 12 to 24 month period must be at least equal to 20 percent of the business's net worth before the loss;
• Maintain the number of jobs at no less than the pre-investment level for a period of at least two years;
• Be involved in the day-to-day management of the troubled business or directly manage it through formulating business policy. For example as a corporate officer or board member;
• The same investment requirements of the new commercial enterprise investment apply to a troubled business investment ($1,000,000 or $500,000 in a targeted employment area).

3. DURATION:

The EB-5 Visa Allows You to Live Permanently in the United States. For foreign investors seeking the freedom and flexibility to live and work in the United States, the EB-5 Visa Program provides an excellent opportunity to obtain Green Cards. A Green Card provides Permanent Residency for the applicant, his or her spouse and any offspring under the age of 21.

If you are an immigrant investor and you need assistance with obtaining an EB-5 Immigrant Investor Green Card, we have immigration attorneys who can help. Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.