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EB5 Visa

EB5 Visa | Rothrock Immigration Lawyer | Naples | Miami |Florida

EB5 Attorney Carl Rothrock

Carl Rothrock, EB5 attorney

The EB5 visa allows an investor to apply for a green card by creating a commercial business in the U.S.  Carl Rothrock is a U.S. immigration attorney with more than 30 years of experience who has represented thousands of clients from more than 100 countries.  In addition, Carl is a Florida state certified building contractor and has owned and operated construction companies for most of his life. He understands the ins and outs of the construction and real estate industry. His background makes him uniquely qualified to represent investors.

Requirements of EB5 Visa

  • The applicant must invest a minimum of $1,050,000.00.  If the investment is located in an economically distressed area called a “targeted employment area,” the government reduces the investment amount to $800,000.  The investment amounts change frequently.
  • The business must create 10 full-time jobs for US workers.
  • The business must be a commercial business. It cannot be a nonprofit company.
  • Your investment funds must be “at risk.”
  • You must use legal funds for your investment.

Benefits of EB5 Visa

  • The visa is a permanent visa and not a temporary one. The applicant, spouse, and children under 21 will receive a “green card” and can eventually apply for citizenship.
  • An investor can file his or her own petition without employer sponsorship.

Types of EB5 Investor visas

  • Direct Investment: With the direct investment, the applicant starts his or her own commercial investment and manages the company. The investor takes an active role in this type of investment.
  • Investment through Regional Center. With the regional center, the applicant invests in a project managed by someone else. The investor takes a passive role in this type of investment.

Frequently Asked Questions about the EB5 Visa

  • Can I buy a home for $2 million and rent the home? Will this qualify as a direct investment?
  • Answer: The government will consider this situation as a personal investment and not a commercial business. If you are using real estate as your investment, it has to be some type of commercial business, such as a hotel.
  • If I buy an existing business that already has employees, can I count the employees that the business already has?
  • Answer:  In most cases, no. You have to create 10 new jobs. There is an exception if you are buying a “troubled business.”  A troubled business is a business that has existed for at least 2 years and has experienced a net loss of at least 20 percent of its net worth for the 12 or 24 month period before the date the EB-5 investor filed this or her Form I-526.  If the business is a troubled business, the investor may count the jobs saved as jobs created. The saved job must last at least two years.
  • If I am currently in the U.S. under an E2 treaty visa, can I use the investment and count the employees for an EB5 business?
  • Answer: Yes. You can include the amount of investment from the E2 as well as the jobs created from the project.
  • If I invest in a regional center and the project fails, can I get my money back?
  • Answer: No. When you are investing funds, they must be at risk. If the investment makes money, you will get your investment back. If the investment fails, you will lose your money. Likewise, you cannot put your funds in a checking account without spending them because they will not be considered “at risk.”
  • Can the source of my funds be a gift?
  • Answer: Yes, but the funds need to be gifted to you. The donor cannot pay the bills of the company. The donor’s funds also need to be traceable and legal.
  • If two people own the business and apply for the EB5 visa, does the business need to create 10 jobs or 20?
  • Answer: In this case, the business would need to create 20 jobs. Each investor needs to create 10 jobs.
  • I am concerned with the “at risk” requirement. What happens if I spend the money but my EB5 application gets denied?
  • Answer: You can place your funds in an escrow account with an escrow agreement that your funds will be returned if the government denies your application. The escrow agreement is not the same as putting your funds in a checking account that you control.

An EB5 investor visa allows a foreign investor to obtain a permanent green card through investing in property that will create jobs and benefit the U.S. economy.  The Rothrock Law Firm are experienced immigration attorneys who file EB-5 investor visas.  If you wish to schedule a consultation, call today at (239) 206-2363.