EB5 (Direct)

In 1990, the U.S. Congress created the EB-5 immigrant investor program to stimulate the economy by creating jobs for qualified U.S. workers. This program has been quite successful at restoring and vitalizing impacted areas which would have otherwise been ignored. Thousands of foreign nationals come to the US each year, with EB-5 visas, and obtain green cards for themselves and their families. The EB-5 direct visa has proven to be beneficial to both immigrants, and the U.S. economy.

The EB-5 direct program is one of the best US immigration programs since there is no requirement with respect to age, language, professional skills, education, etc.

As an investor with the USCIS' EB-5 program, you can obtain a green card by investing in an approved commercial enterprise in the United States. This type of investment gives you the option to be the managing director of your own investment. Immigrant investors can apply for a Green Card for themselves—as well as their spouses and unmarried children under 21 years of age—following the necessary investment into a commercial enterprise. 

The commercial enterprise could be any for-profit activity created for the ongoing conduct of lawful business, including:

  • A sole proprietorship
  • Partnership (whether limited or general)
  • Holding company and its wholly owned subsidiaries
  • Joint venture
  • S-Corp or C-Corp
  • Business trust
  • Limited liability company
  • Other entity, which may be publicly or privately owned

In regular, urban locations, the investor will be required to invest a minimum of $1,050,000 into the commercial enterprise. In Targeted Employment Areas (or TEA locations), that cost is reduced to $800,000 and includes the cost of infrastructure projects. Furthermore, the investor will have to plan to hire 10 permanent full-time employees.

This type of investment gives you the option to be the managing director of your own investment. Eb5 direct requires a well calculated business model. The business plan should not be taken lightly, as the qualifications from the USCIS for accepted business plans are quite strict. All business plans must adhere to the “Matter of Ho” which states that a valid business plan must be clear about what the proposed business activity is, where the business will be located, how the invested capital will be spent, and how/when jobs will be created for qualified U.S. workers.

It is important to note that the money that will be invested for the EB-5 visa must come from a lawfully legitimate source. The United States government wants to ensure that the money does not come from OFAC sanctioned governments, groups, or individuals. If an investor believes that their money is ethically sourced, they don't have much to worry about so long as a paper trail with proper documentation exists. It is important to consult with an attorney during this part of the visa process, as it can make or break your case.

Seek legal advice from Ramona Kennedy, our goal is to guide you with your specific case and find whether or not you qualify for TEA within the EB-5 employment visa.

Attorney Ramona Kennedy cares about your case and will fight for you.

You can contact attorney Ramona Kennedy Law Offices (Kennedy Law LC) for an initial consultation and case evaluation. The first consultation is free of charge. 

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