The EB-5 visa program is designed to attract foreign investment in the United States and create jobs for U.S. workers. The program allows eligible individuals to invest a minimum of $900,000 in a commercial enterprise and obtain permanent residency in the United States.
However, not all businesses are qualified to accept investment from an EB-5 visa applicant.
In this article, we will discuss the requirements that a business must meet to be qualified to accept an investment from an EB-5 visa applicant.
Requirement #1: The Business Must be a Commercial Enterprise
The first requirement is that the business must be a commercial enterprise. A commercial enterprise is defined as any for-profit activity formed for the ongoing conduct of lawful business, including a sole proprietorship, partnership, corporation, or other entity.
The business can be a new commercial enterprise or an existing business that has been restructured or expanded. However, the business must be engaged in lawful business activities, and the investor cannot invest in a business that is engaged in illegal activities.
Requirement #2: The Business Must Create at Least Ten Full-Time Jobs for U.S. Workers
The second requirement is that the business must create at least ten full-time jobs for U.S. workers within two years of the investor’s admission to the United States. The jobs must be direct jobs, meaning that the employees must be employed by the commercial enterprise, and not by a third-party contractor.
The jobs must also be full-time, meaning that the employees must work at least 35 hours per week. The jobs can be created before or after the investor’s investment in the business.
Requirement #3: The Business Must Be a New Commercial Enterprise or a Troubled Business
The third requirement is that the business must be a new commercial enterprise or a troubled business. A new commercial enterprise is defined as a business that was established after November 29, 1990, or a business that was established on or before November 29, 1990, that has been restructured or expanded so that a new commercial enterprise results.
A troubled business is defined as a business that has been in existence for at least two years and has incurred a net loss during the 12- or 24-month period before the investor’s priority date. The net loss must be at least 20 percent of the troubled business’s net worth before the loss.
Requirement #4: The Business Must Be Located in a Targeted Employment Area (TEA) or a Rural Area
The fourth requirement is that the business must be located in a Targeted Employment Area (TEA) or a rural area. A TEA is defined as an area that has an unemployment rate that is at least 150 percent of the national average or is located in a metropolitan statistical area or metropolitan division that has a population of at least 20,000 and an unemployment rate that is at least 150 percent of the national average.
A rural area is defined as any area that is not located within a metropolitan statistical area or metropolitan division.
Requirement #5: The Investor Must Have an Active Role in the Management of the Business or Hire Someone to Manage the Business
The fifth requirement is that the investor must have an active role in the management of the business or hire someone to manage the business. The investor must be involved in the day-to-day management of the business or have the authority to make major decisions for the business.
Alternatively, the investor can hire someone to manage the business on their behalf. The manager must have sufficient qualifications and experience to manage the business successfully.
Conclusion
In summary, the EB-5 visa program provides an opportunity for foreign investors to invest in the United States and obtain permanent residency while also creating jobs for U.S. workers. To be qualified to accept an investment from an EB-5 visa applicant, the business must meet the requirements discussed above. The business must be a commercial enterprise engaged in lawful business activities, create at least ten full-time jobs for U.S. workers, be a new commercial enterprise or a troubled business, be located in a TEA or a rural area, and the investor must have an active role in the management of the business or hire someone to manage the business.
It is important to note that the EB-5 program has become increasingly popular in recent years, and as a result, the competition for investments has increased. Investors are seeking businesses that offer a good return on investment and a high likelihood of success.
Therefore, businesses seeking to attract EB-5 investments must present a compelling business plan that demonstrates the viability of the business and the potential for job creation. The business plan should include financial projections, market analysis, and a detailed description of the management team’s qualifications and experience.
In addition to meeting the requirements discussed above, businesses seeking EB-5 investments should also seek professional guidance from experienced immigration attorneys and business consultants to ensure that they comply with all of the EB-5 program’s regulations and requirements.
Overall, the EB-5 program provides a unique opportunity for foreign investors to invest in the United States and obtain permanent residency while creating jobs for U.S. workers. By meeting the requirements discussed above and presenting a compelling business plan, businesses can attract EB-5 investments and benefit from the program’s economic stimulation.
► Getting Legal Help
AXIS Legal Counsel’s Business and Corporations Practice provides legal advice to numerous businesses with a wide range of business matters. Axis represent small, medium-sized, and large business clients with a wide variety of business and corporate law matters. We represent early-stage companies as well as established businesses on a wide variety of business law matters, ranging from contracts and transactions, intellectual property, labor/employment law, business financing, mergers and acquisitions, real estate, insurance, business succession planning, and general advice and counsel. For information on retaining AXIS Legal Counsel to represent your business in connection with any legal matter, contact [email protected] for a confidential consultation.
► Our Business, Corporate Law and Securities Practice Areas
|
|
► Read our Business FAQs
Our FAQs answer the most common issues faced by startups and businesses. We have an extensive FAQ Library that covers the most common questions we get from businesses, as well as FAQs on recent changes in law affecting businesses . ►Visit our Entire FAQ Library |
► Learn About Our Recent Projects
Have we counseled businesses like yours? All the time. We have represented a variety of business clients in numerous industries across multiple disciplines and practice matters. Here are some of the highlights: |
► AS SEEN IN
Our talented legal counsel has been quoted in a number of press outlets, including the following:
► Serving Clients Nationwide and in 22+ Countries Internationally
We represent clients throughout the U.S. and in 22+ countries internationally.
