Investor Visa Immigration Lawyers Florida
Are you looking for a way to quickly obtain permanent residence or citizenship in the United States? Do you have the money to invest in a new commercial enterprise in the U.S.? If so, you might be eligible for an investor visa. It’s officially called the EB-5 Immigrant Investor Program by the USCIS or the U.S. Citizenship and Immigration Services.
Investors, their spouses, and unmarried children under 21 can apply for a green card under the EB-5 program. The main goal of an investor visa is to stimulate the U.S. economy through foreign investments. If you’re interested in applying, you may need to look for exceptional Investor Visa Immigration Lawyers in Florida that can guide you through the process.
At Smith & Eulo, we have a team of Florida Investor Visa Immigration Lawyers that are well-versed in Immigration Law. Apart from that, we can take care of the entire process for you. Find out more here.
What is an Investor Visa?
In the United States, the investor visa is called the EB-5 Immigrant Investor Program, overseen by the USCIS. It was created in 1990 by Congress to improve the U.S. economic growth through foreign investors and job creation. Currently, it’s one of the most efficient ways of acquiring a green card.
President Biden agreed to sign the EB-5 Reform and Integrity Act on March 15, 2022. It’s included in the Consolidated Appropriations Act 2022 (Public Law 117-103), where further regulations have been imposed on visa applicants from other countries. Also, immigration visas are possible through the Regional Center Program.
What You Should Know About the EB-5 Investor Visa in Florida
To qualify for EB-5, you should make an investment in a firm founded after November 29, 1990. It’s also possible that this company began operations before November 29, 1990. However, it requires the same procedures for acquisition or restructuring as a brand-new enterprise. In addition, the company must expand directly from the investor’s money, with either a 40% growth in net value or workforce.
What does a new commercial enterprise refer to?
This section defines a new commercial enterprise as any business formed or organized in the United States with the primary purpose of making a profit. It is also required to conduct business and legal dealings. Here are some examples:
- Sole proprietorship
- Limited/General Partnership
- Joint venture
- Business trust
- Limited liability company (LLC)
- An entity that may be privately or publicly owned
- Holding company & its subsidiaries
Keep in mind that this excludes nonprofit activity. As a result, owning or managing a private residence does not qualify. If you have trouble understanding these requirements, asking for an Investor Visa Immigration Defense in Florida is the best option to ensure that you’re on the right track.
Requirements for Investor Visa Immigration Regarding Job Creation
Another requirement if you’re going to apply for an immigration visa is to have a plan to create or preserve at least ten full-time jobs for all qualified U.S. workers. Take note of the requirements for job creation below:
- New commercial enterprises not within a regional center – Must directly create full-time jobs to be counted. Therefore, they must be the employer of these new employees.
- New commercial enterprise within a regional center – They can directly or indirectly create full-time positions where up to 90% of the job creation requirement can be met using indirect jobs. The commercial enterprise is the employer in direct jobs. In contrast, indirect employment is held outside of the commercial enterprise yet is produced as a result.
- For troubled businesses – The EB-5 investor may rely on job maintenance. Note that the employer must show that the existing employees are or will be no less than the pre-investment level for at least two years.
A qualified employee must be a United States citizen, a lawful permanent resident, or an immigrant permitted to work in the United States. Full-time hours should total at least 35 per week. A transitory, seasonal, or transient work also does not qualify as a full-time job.
Requirements for Capital Investment
An EB-5 investor’s capital requirements are essential for their application to be approved. It means the money they have, which includes real and mixed tangible assets, is governed and possessed by the immigrant investor. After that, the value of their money will be determined according to the U.S. dollar fair market. However, the definition doesn’t include the following:
- Assets acquired by unlawful means (directly or indirectly)
- Capital is invested in exchange for a bond, note, convertible debt, obligation, or any other debt arrangement between the investor and the commercial enterprise.
- Capital invested with a guaranteed rate of return
- Capital invested with a contract with a right to repayment, except the commercial enterprise, may have a buy-back option that they can exercise solely at the discretion of the commercial enterprise.
The immigrant investor must establish that they are the legal owner of the funds in question, which may involve a promissory note in some cases.
Below is additional information regarding the minimum investment amounts (by filing date & investment location area)
- Before March 15, 2022: Both the high-employment area investment amount and the minimum investment amount are $1,000,000. Furthermore, the projected employment area investment amount is $500,000.
- On or After March 15, 2022: The minimum investment amount on or after the date is $1,050,000. Furthermore, the targeted employment area investment is $800,000, which already comprises the infrastructure. However, there needs to be a high-employment area investment amount available.
Keep in mind that all adjustments must be evaluated using the Consumer Price Index for All Urban Consumers from March 15, 2022, up to the adjustment date. Furthermore, the adjustments transpire every after five years. So the first adjustments that will become effective for petitions are filed on or after January 1, 2027.
How Can an Immigration Lawyer Help with an EB-5 Immigration Visa?
If you’re a foreigner with zero knowledge about the EB-5 immigration visa and how to apply for it, looking for an investor visa immigration attorney in Florida should be on top of your list. They are professionals with extensive knowledge of immigration law, and they can guide you through the process. Therefore, it’s best to find someone who has handled these types of cases before to ensure that your application is in the right hands.
Obtain a Green Card by being an Investor with One of Florida’s New Commercial Enterprise
Investing in a new commercial venture is the quickest method to gain permanent residency in the United States. So if you need any help regarding Immigration Laws and the EB-5 Investor program, call us at Smith & Eulo. We can answer all the questions you may have, and we can help you obtain the visa you want.