The United States EB-5 visa allows eligible immigrant investors to become lawful permanent residence by investing at least $900,000 that will finance a business in the United States giving the ability to employ 10 American workers. All EB-5 investors must invest in a new commercial enterprise. Commercial enterprise is any for-profit activity that is formed for the ongoing conduct of lawful business. This includes;
- Holding company;
- Joint venture;
- Corporation; and
- Business trust.
For a new commercial enterprise that is not located within a regional center, the new commercial enterprise needs to create a full-time position for it to be counted. Meaning the new commercial enterprise be the employer for qualifying employees.
For a new commercial enterprise that is located within a regional center can directly or indirectly create the full-time position.
- The new commercial enterprise can directly establish an employer-employee relationship between the new commercial enterprise and the person it employs.
- The new commercial enterprise can indirectly hold jobs outside the new commercial
Adjustments of Status:
In order to be eligible to adjust status, an alien must be present in the United States after being inspected and admitted by an officer. However, if you violated an immigration law or you entered the United States uninspected it can bar you from adjusting status.
A spouse or an unmarried child under 21 years of age of an EB-5 immigrant investor applicant can apply for green card holder as a derivative applicant. In order to be eligible to apply for green card holder, one needs to have the correct documents, be inspected by an officer upon entering the United States, you are present in the United States as you are filling out the required forms, and you have no applicable bars that can affect you from adjusting status.
Contributed by Svetlana Prizant, an Award Winning New York Immigration Lawyer
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