EMPLOYMENT CREATION IMMIGRATION CLASSIFICATION

BY: NORKA M. SCHELL, ESQ.

Immigrant investors are entrepreneurial and create jobs in the United States.

 WHAT IS THE EB-5 VISA?    

The EB-5 visa category is one of the five employment-related bases for obtaining permanent residence in the United States. It refers to EB-5 immigrant classification because it is the fifth employment-related basis listed in the Immigration and Nationality Act (INA). The EB-5 was crated by Congress in 1990. Of the approximately 10,000 visa that are available yearly for this preference, 3,000 are reserved for entrepreneurs who invest in targeted employment areas and 3,000 visa is set aside for entrepreneurs who immigrate through a regional center pilot program.

WHAT ARE THE BENEFITS FOR THE INVESTORS?

The EB-5 visa category allows qualifying investor, and any accompanying or following to join spouses and children, to obtain lawful permanence status if the qualifying investor meets the statutory requirements.


WHAT ARE THE STATUTORY REQUIREMENTS?

(1) Be one in which the investor has invested or in the process of investing at least $1 million ( or at  list $500.000 if investing in a "targeted  employment area;" 

(2) Benefit the U.S. economy;

(3) Create full-time employment for at least 10 US workers.

Moreover, the investor must have at least a policy-making role in the enterprise.


WHAT IS THE ALTERNATIVE TO EB-5 immigrant investor category?

An alternative to the EB-5 immigrant investor category, there is the Treaty Trader (E-1) and Treaty Investor (E-2) visa.

The E-1 and E-2 are for a national for a country with which the U.S. maintains treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade of services or technology, principally between United States and the treaty country, or to develop and direct the operations of an enterprises in which the national has invested, or is in the process of investing a substantial amount of capital, under the provisions of the INA.