Established through the Immigration Act of 1990, the E5 Immigrant Visa, otherwise known as the EB-5 Immigrant Investor Visa or the fifth preference visa, allows foreign residents to obtain U.S. residency through substantial investment in the U.S. economy. Each year 10,000 of these visas become available to foreign investors. However, it is important to note that these types of investor visas differ greatly from the E-2 Investor Visa or E-2 Non-Immigrant Visa. The difference being the amount of the investment required and also, that the EB-5 visa will get the investor residency where the E-2 visa will only obtain non-immigrant status to the investor. As such, individuals seeking to enter the country through an E5 visa, EB-5 visa or E-2 visa should contact a qualified immigration attorney who also specializes in Business law and contract negotiation before engaging in, applying for, and/or spending resources to apply for a visa. In addition to this, you should seek the assistance of an experienced investor visa attorney as the process in applying for these types of visas is difficult as well as filling out forms to ensure proper compliance with USCIS and the DOS and later state and federal regulatory requirements involved with the type of business or investmentin which you decide to engage in the U.S.
What Is an E5 Investor Visa or EB-5 Immigrant Investor Visa?
The Immigrant Investor Visa is a specific visa category designed to allow foreign nationals the opportunity to invest in business enterprises in the United States and later to obtain U.S. permanent residency and possibly U.S. Citizenship. These types of visas begin with a 2-year residency approval, and later the residency can then become permanent, with the assistance of an immigration attorney who can prove to USCIS that the business that you invested in has performed in keeping with the initial application process submitted to USCIS. Next, in that the E-2 investor visa is only limited to certain countries, the E5 Visa is open to all foreign nationalities and their immediate family members involved, so long as any immediate children are under the age of 21 at the time of visa approval. Once the EB-5 investor visa is approved, individuals can later apply for permanent residency and work toward citizenship if desired.
Requirements
Applicants are required to make a minimum U.S. commercial investment of at least $1 million USD. This cannot include real-estate investments unless the real-estate is as an investment where you will not be living or residing. In the event that the investment is in a government authorized economically depressed area, the investment can be reduced to at least $500,000, however, reports are required to prove the area is under-privileged. Additionally, for these new business enterprises to be approved or to remain allowing U.S. residency, at least 10 full time jobs must be created by the endeavor. For the serious investor who wishes to purchase a troubled enterprise, that business must employee at least 35 full time workers in order to obtain approval. In order to verify if your upcoming business venture or endeavor meets or exceeds the guidelines and requirements, please contact an immigration attorney at Goldstein & Scopellite, PC with offices in Texas and Arizona.
How to Apply for an E5 Visa
As with other types of visas, applicants who wish to apply for the immigrant investor visa must apply through the U.S. Department of Citizenship and Immigration Services. In addition to this, the standard application process of interested parties much show the applicant’s financial resources required and that the business will meet or exceed the minimum requirements. It is therefore vital that you consult with a qualified immigration attorney in Texas or an immigration attorney in Arizona early in the process to avoid potential delays and denial of your visa.
Goldstein & Scopellite, PC, established in 2002, has offices located in Dallas, Texas and Tucson, Arizona. However, the firm’s attorneys can practice immigration law in any State as well as represent any foreign national or foreign resident. For more information, please see the Goldstein & Scopellite, PC listing in D Magazine.
