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What Is an Investor Visa & Who Qualifies?

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The U.S. offers a way for wealthy investors to enter the country to stimulate the economy. Known as an investor visa, the EB-5 visa can allow investors to enter the country and immediately obtain permanent residence. There are a limited number of these visas issued each year, and the number of visas issued to investors of any one country is also limited. If the limit of either quota is reached, you will be placed on a waiting list according to your priority date, or the date of application.

How Do I Qualify for an EB-5 Visa?

In order to qualify for an investor visa, a visa applicant must be able to invest $1 million into creating a new business in the U.S. or into restructuring or expanding an existing U.S. business. If you are investing in a business located in areas specified but the U.S. Customs and Immigration Services (USCIS) as having high levels of unemployment, your investment amount may be reduced to $500,000.

If you have the funds to invest, the USCIS will need to ensure that you have legally obtained your investment money. There are also some restrictions on what businesses you may invest in. These businesses must meet one of two requirements in regards to employees:

  • Employing at least 10 full-time employees, who are not the spouse or children of the investor.
  • Be a USCIS approved regional center, which creates “indirect” jobs as a result of the investment.

You must also be engaged in the company you invest in. You can take on a policy-making or managerial role, but you must be actively involved in the business you create or restructure. Alternatively, investing in a regional center is considered a limited partnership, and the USCIS considered the investment alone as meeting involvement requirements.

If you are hoping to invest in an American business and immigrate to the U.S., speak to our San Jose immigration attorneys today. At Verma Law Firm, our experienced team can help you document the necessary requirements for your application and guide you through the process of immigrating to the U.S. on an investor visa.

Learn how we can help. Contact our offices by calling (408) 560-4622 to request a consultation.

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