The U.S. offers opportunities for investors from other countries to infuse funds into the U.S. economy. In doing so, investors may have eligibility for an employment-based visa, offering mutual benefits that entice many to take advantage of this option.
Understanding the EB-5 visa classification may help those seeking to invest in and immigrate to the U.S. understand their rights and options for gaining legal status.
According to the U.S. Citizenship and Immigration Services, to qualify for an EB-5 visa, immigrants must invest in a new commercial enterprise. This may include a sole proprietorship, partnership, holding company, corporation or limited liability company, among other possible entity types.
According to USCIS, foreign investors seeking this type of employment-based visa must create jobs with their investments. They must establish jobs for at least 10 qualifying workers through the establishment of their new commercial enterprises.
Investors seeking EB-5 visas may only use funds obtained through lawful sources. Therefore, any monies gotten directly or indirectly through criminal activities or other unlawful means cannot fund the commercial enterprise requirements. In order to prove the legitimacy of their funds, investors may need to provide documentation with their petitions such as evidence to support the sources of their capital, tax returns and foreign business registration records.
If seeking to establish and do business in the U.S., people have many paths they may pursue to obtain a visa or other legal immigration status that allows them to live and work in the country.