If you are a foreign investor who is looking to “stimulate the U.S. economy through job creation and capital investment,” you may be able to invest in a new or established business given you qualify for an EB-5 visa. The EB-5 program was created by Congress in 1990 and allows foreign investors to invest through regional centers that have been designated by U.S. Citizenship and Immigration Services (USCIS). USCIS states that back on March 23, 2018, the President signed a law that would extend the Regional Center Program through September 30, 2018.
USCIS explicitly stated that all foreign investors seeking an EB-5 visa must invest in a new commercial enterprise, which is a commercial enterprise that is:

  • Established after Nov. 29, 1990, or
  • Established on or before Nov. 29, 1990, that is:
    Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
    2. Expanded through the investment so that at least a 40-percent increase in the net worth or number of employees occurs

To be clear, a commercial enterprise is “any for-profit activity formed for the ongoing conduct of lawful business” that includes but is not limited to:

  • 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.

If you aren’t sure whether the type of business you want to invest in qualifies you to obtain an EB-5 visa, contact USAttorneys.com now and let us connect you with an investor visa attorney who can clarify this for you.
Aside from meeting the requirements stipulated above, USCIS also says that “an EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees.” A qualifying employee can be a U.S. citizen, a lawful permanent resident, or an immigrant who has received authorization to work in the U.S.

Can a foreign investor invest in a business that is facing a financial hardship?

To learn more about how you can obtain an EB-5 visa, contact one of our visa and immigration lawyers today.
Now, although USCIS does stipulate that you must be investing in a newly established business, under certain circumstances can you invest in a troubled business. A troubled business is defined as one that “has been in existence for at least two years and has incurred a net loss during the 12- or 24-month period prior to the priority date on the immigrant investor’s Form I-526.”
While it was once easier for foreign individuals to enter into the U.S. to work for or invest in a business, with the new laws and policies that have taken effect since President Trump has taken office, obtaining a visa might be more difficult than one might think. With that said, there is a way to ensure you follow through with all the requirements on your end that will help increase your chances of the USCIS granting you an EB-5 visa. Therefore, if you are interested in learning more about the process you will be required to follow in order to receive an EB-5 visa, we can connect you with a local investor visa lawyer in your area who will take the time to explain this to you along with how they can assist with the process.

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