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What are the requirements for an EB-5 investment visa?

The United States Congress authorized the creation of the EB-5 Immigrant Investment Visa Program in 1990. It was initially created with the hope of generating increased investment of foreign capital into the country, something that they expected would eventually lead to the establishment of more jobs for Americans.

Provided that the necessary participation requirements are met, it will allow an entrepreneur, his or her spouse and their unmarried minor children to qualify to receive permanent residence in the U.S.

If an individual has intentions of setting up or taking over a new for-profit business in the U.S., then it must have been either established or restructured after Nov. 29, 1990. This is the date when the program was first implemented. If it was restructured after that date, then it should have increased either its value or employee stock by at least 40 percent since you took over ownership of it.

In addition to the aforementioned, you must be able to show that your presence in the U.S. is necessary in order to engage in managing the day-to-day operations of the company. You must also submit a copy of a business plan showing how your leadership of the business is going to result in the future hiring of at least 10 new individuals on down the line.

You'll also be required to justify that the implementation of your new business plan won't result in a reduction of your current number of employees during the following two years.

Finally, and perhaps most important of all, you'll have to be able to document that you have the necessary capital of $1 million in seed funds that's necessary to purchase and operate the business if awarded the visa. There are some instances in which you may qualify to pay only a fraction of that amount.

Proof that the money was lawfully sourced must be provided also. This may include gathering foreign court and tax records and business incorporation documents.

If you're considering applying for the EB-5 investment visa and are unsure as to whether you qualify for it, then you may benefit from discussing the matter with a Norcross, Georgia employment immigration attorney.

Source: U.S. Citizenship and Immigration Services, "EB-5 investors," accessed Dec. 08, 2017

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