BHL Bogen

BHL Bogen
BridgehouseLaw LLP - Your Business Law Firm

Tuesday, January 18, 2011

How to get an EB-5 visa for the United States

If you want to apply for an EB-5 visa you have to fulfill three basic requirements:
  • Establishment of a business in the US
The establishment of a business in the US can either be the establishment of a new business or investing in an established business for expending this business. For investing in an established business it is required that this business was established after November 1, 1990.
  • Investment of at least $1 million in the businessThe investment can be made in a number of forms like cash, equipment, inventory and other property. In some cases an investment of $ 500,000 is enough to fulfill the requirements, if the business is established in a so-called “targeted employment area”, which means a rural area with an unemployment rate of more than 150 % of the average unemployment rate. A list of the targeted area can be requested at the Department of Labor of the particular state.
  • Creation of full-time employment for at least 10 US workers
Please note that relatives and part time employees are not taken into consideration for the calculation of the full time jobs your business provides. A full-time job requires at least 35 hours per week. Even if two part time jobs will make 35 hours together, part time jobs are excluded from the calculation.

Besides these requirements the following documents have to be forwarded:
  • A copy of your updated resume
  • A short description of the business you want to establish in the US
  • The estimated investment
  • A short description of your business in your home country
  With the EB-5 visa you will receive a green card, which is valid for 2 years. Additionally your relatives (your spouse, children and step children under 21 years) will receive a green card as well. With the green card you have the same benefits as every other US resident. The green card has to be extended after 2 years. After 5 years you can apply for the US-citizenship.

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