EB-5 visas allow foreign entrepreneurs and their dependants to live in the United States in order to manage large-scale investments. To qualify for an EB-5 visa, the entrepreneur must invest $500,000 in a designated regional center or $1 million anywhere in the United States. Regardless of the size of the investment, it must create full-time employment for at least 10 U.S. workers.

There are a multitude of advantages to obtainment of an EB-5 Visa relative to other potential green card options. Notably, obtainment of an EB-5 Visa does not require a labor certification process in order to attempt to demonstrate a shortage of U.S. workers to perform the potential job. Moreover, the EB-5 Visa does not require the applicant to maintain an existing home country business. The EB-5 Visa further does not require extraordinary ability in business.

EB-5 visas are initially granted to investors, their spouses, and their dependents on a two-year conditional basis. An investor applying for an EB-5 visa must begin by selecting a regional program and satisfying the fees and investment requirements. These procedures vary among programs, as do the mechanisms for recovering an investment if the application is denied.

With the appropriate regional program selected and payments satisfied, the next step is the submission of a Form I-526 to the appropriate regional center of U.S. Citizen and Immigration Services, which usually takes between nine and 15 months to grant approval. After winning this approval, the foreign investor must meet with a representative of the U.S. government at the embassy in the investor’s home country for reviews of the applicant’s medical, criminal, and immigration history. Carlos Colombo, Esq. is himself an immigrant and entrepreneur, giving him the experience and expertise critical to winning initial approval of a Form I-526 and preparing investors for the embassy meeting.

Once the initial EB-5 visa is granted on a two-year conditional basis, the immigrant investor must enter the United States within 180 days of issuance. After new immigrant entrepreneurs begin managing their investments from within the United States, the Colombo, Hurd & Brandt, PL network of offices and attorneys can help investors anywhere in the country prepare their petitions for permanent resident status.

Petitions submitted to the U.S. federal government will need to include extensive evidence that the immigrant investor is complying with the terms of the EB-5 visa.

The petition must demonstrate that

• A new commercial enterprise has been established,
• the proper amount of capital has been placed at risk,
• the capital invested was lawfully gained,
• the investment has created at least ten full-time jobs
• the investor intends to stay in the United States, and
• the investor will be engaged in the management of the enterprise.