Knowledgeable Houston Immigration Attorneys
The Modi Law Firm represents clients in a variety of immigration legal
issues. EB-5 visa classification can provide many benefits to foreign
investors and improve the U.S. economy. Our Houston immigration lawyers
can analyze your situation and determine if you are eligible for an EB-5
visa. Call us today at (832) 514-4030 for diligent representation.
What You Need to Know About EB-5 Visas
The U.S. Citizenship and Immigration Services created EB-5 visa classification
in 1990 to boost the U.S. economy. It focused on creating jobs and increasing
capital investments by foreign investments. In order to qualify for EB-5
visa classification, you must invest in a new commercial enterprise. This
refers to enterprises established after November 29, 1990. It also includes
enterprises purchased before November 29, 1990, that have been drastically
changed, or that have been expanded by at least 40% regarding the number
of employees and net worth.
Commercial enterprises include:
- Holding companies
- Sole proprietorships
- Joint ventures
- Business trusts
- Other publicly or privately owned business entities
EB-5 visas are available to foreign investors who create jobs for at least
10 qualified, full-time employees. You must invest capital in U.S. commercial
enterprises that create either direct or indirect jobs. Direct jobs establish
an employer-employee relationship. On the other hand, indirect employment
refers to jobs created by the new commercial enterprise but are held outside of it.
Qualifications for EB-5 Visas
In order to qualify for EB-5 visa status, you must invest a substantial
amount of capital in U.S. commercial enterprises. Capital can include
cash, property, equipment, inventory, and other assets. Furthermore, all
capital must be valued at the fair-market price in United States currency,
and you must prove that you are the owner of the capital.
In general, you must invest a minimum of $1 million in new U.S. commercial
enterprises to be eligible for EB-5 visa classification. However, if you
are investing in a targeted employment area, the minimum requirement is
$500,000. A targeted employment area is a rural area, or an area that
has a high rate of unemployment (exceeding at least 150% of the national average).
Applying for EB-5 Visa Status
In order to apply for an EB-5 visa, you must file Form I-526, Immigrant
Petition by Alien Entrepreneur. Then, you must file Form I-485, Application
to Register Permanent Residence or Adjust Status, with the U.S. Citizenship
and Immigration Services. However, you may need to file DS-260, Application
for Immigrant Visa and Alien Registration, with the U.S. Department of
State, depending on your situation. Once the forms are successfully filed,
you and your family will be granted 2 years of conditional permanent residency
in the United States.
Seek Experienced Representation with Our Services
At The Modi Law Firm, we passionately fight for our clients’ interests.
If you are seeking an EB-5 visa classification, we can discuss your options
and help you file the necessary paperwork. Our Houston immigration attorneys
have helped numerous clients obtain EB-5 visa status, and we can provide
the legal assistance you need for your situation.
Contact our firm today to schedule a consultation. We also offer Spanish-speaking services.