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Assisting Clients with the EB-5 Immigrant Investor Program

The EB-5 immigrant investor program was created in 1990 in an effort to increase foreign investments and job creation in the United States. Today, the United States  Citizenship and Immigration Services (USCIS) administers the program, which has regularly been reauthorized and updated. The newest changes to the program are going into effect on November 21, 2019.

Because the details of the EB-5 program continually change, it is critical for anyone seeking an E-5 visa to consult with an experienced immigration lawyer. The legal team at Farmer, Farmer & Brown Law Firm, P.L.L.C. regularly handle this type of case, so contact our office today to schedule your consultation.

EB-5 Requirements

Generally speaking, EB-5 investors must invest a minimum amount of capital in a qualified United States enterprise that creates at least ten new full-time jobs for individuals authorized to work in the United States (not including the investor or family members). Commercial enterprises must be lawful for-profit businesses that may include:

  • Sole proprietorship
  • Limited or general partnership
  • Holding companies
  • Joint ventures
  • Corporations
  • Business trusts
  • Other types of privately or publicly-owned entities

Investment Requirements

An EB-5 investment must be capital, which can include cash, assets, tangible property such as equipment or inventory, or even indebtedness secured by an immigrant investor’s assets, as long as the assets are personally at risk. The capital must have been lawfully acquired, and an applicant must prove the source of the funds and their legal ownership of such.

Prior to November 21, 2019, the minimum capital investment to qualify for an EB-5 visa was $1,000,000. The new changes adjusted the minimum investment for inflation to $1,800,000. There is an exception if the investment is in a targeted employment area, in which the minimum amount is $900,000 after November 21.

Applying for the EB-5 Visa

The EB-5 classification application involves filing Form I-526 with USCIS. You must also provide proof of your investment, including the source and ownership of the funds. You must provide evidence that the investment is in a for-profit commercial enterprise established after 1990, or that you purchased an older business and sufficiently restructured or expanded it. Applicants have to demonstrate whether the investment is in a high employment area or a targeted employment area, as well as show proof of the jobs created as a result.

Some common evidence proving the source of the funds may include:

  • Records of foreign business registration
  • Corporate tax returns
  • Evidence of capital earned by investments returns
  • Civil judgments

Evidence needed to prove eligibility as an EB-5 investor can vary widely and can be complicated. It is extraordinarily helpful to have the assistance of a knowledgeable legal professional when compiling your application and supporting documents.

Consult with Our EB-5 Investor Visa Lawyers for Additional Information

Our immigration attorneys at Farmer, Farmer & Brown Law Firm, P.L.L.C. have helped many clients qualify as immigrant investors and obtain EB-5 visas. If you are seeking to come to the United States for a substantial commercial investment, call (512) 894-2128 or contact us online to discuss your options today.


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