Immigration advice is best administered from an immigration law firm as the visa application process for America can take a significant amount of time especially if your immigration application is rejected. Mark Ivener is an immigration attorney in Los Angeles, California and has a wealth of knowledge on the EB-5 investment process. Details on how to qualify for the EB-5 visa can be found below.

What is the EB-5 Visa?

The EB-5 visa was established in 1992 as a pilot project and has since become a great opportunity for foreign nationals to establish residence in the United States of America while providing the mutual benefit of stimulating the American economy and triggering job growth. According to the United States Citizenship and Immigration Services (USCIS), to qualify an applicant must “make the necessary investment in a commercial enterprise in the United States and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.” The necessary investment is a minimum of $900,000 dollars and must be invested in a “new commercial enterprise”

What is a new commercial enterprise?

To be considered a new commercial enterprise the business must have been established after November 29^th, 1990. Commercial enterprises established before November 29^th, 1990 can still qualify if they have been significantly restructured or organized to the point that they are  considered a new commercial enterprise. A further exception for older enterprises is allowed if the investment will lead to a 40% increase in the number of employees of the company, or a 40% increase in the net worth of the establishment.

What kind of businesses qualify as commercial enterprise for EB-5 direct investment?

According to the USCIS, the following types of businesses are considered for EB-5 direct investment:

• A sole proprietorship,
• Partnership (whether limited or general),
• Holding company,
• Joint venture,
• Corporation,
• Business trust, or
• Other entity, which may be publicly or privately owned.

What are the requirements for Job creation for the EB-5 process?

To be in alignment with the EB-5 process, an EB-5 investor is also responsible for investing in a commercial enterprise that will create 10 full time positions for qualifying employees. If the enterprise is not located in a regional center, the new jobs must be created directly and be officially employed by the new commercial enterprise.

If the jobs created do fall under a regional center, then the positions can be established directly or indirectly by the business. The USCIS defines the difference between direct and indirect jobs as follows:

• Direct jobs are those jobs that establish an employer-employee relationship between the new commercial enterprise and the persons it employs.
• Indirect jobs are those jobs held outside of the new commercial enterprise but that are created as a result of the new commercial enterprise.

Conclusion

If a foreign national is interested in applying for the EB-5 process, they will face the challenges posed by investing in a new commercial enterprise properly. If the applicant has a new commercial enterprise that they have developed, they face more hurdles compared to investing in a regional center where the jobs can be created indirectly. In either case navigating the EB-5 process is best done with the help of an immigration attorney.