Tag Archives: EB5

EB5 Visa Miami

EB5 Visa | Rothrock Immigration Lawyer Miami

EB5 Visa Miami | Rothrock Immigration Lawyer

EB5 Visa Miami.  Miami business immigration lawyer Carl Rothrock specializes in investor visas, including EB5 applications.

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 Miami business 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.

EB5| Minimum Requirements

  • 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.

EB5 Visa | Frequently Asked Questions 

  • 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.

EB5 Visa Miami | Hire an Experienced Lawyer Today

To schedule a consultation today, call Rothrock Immigration Lawyer Miami at (305) 677-9048.

Investor Visas

Investor Visas | Rothrock Immigration Lawyer | Naples, Fort Myers, Boca Raton, Miami 

Investor Visas | Rothrock Immigration Lawyer | E2 Visa | L1 | EB5

Carl Rothrock has counseled thousands of clients in selecting the right investor visa.

U.S. immigration attorney Carl Rothrock has successfully filed thousands of cases, including E2, L1, and EB5 investor visas. He has offices throughout Florida, including Naples, Fort Myers, Boca Raton, Miami, and Ft. Lauderdale.  Miami and South Florida are continuing to develop into a coveted site for both U.S. domestic and international business. Immigrants have played a large part in this success story, by staffing, managing and owning businesses – from small start-up operations, to companies with regional and international connections.  The U.S. Government recognizes the benefits of such activity and encourages it. The government provides immigration laws and policies which reward and benefit entrepreneurs and their employees. These rewards often include pathways to U.S. Citizenship for investors, managers, employees and their families.

Types of Investor Visas (Click the link to see more information).

EB5 Visa:  This visa is sometimes called the “Golden Visa” because an investor can obtain a green card by investing a large sum of money. This visa currently requires an investment of $800,000 USD to $1,050,000.00 USD. The amounts change frequently and should be verified prior to applying.  Depending on the type of EB5 visa selected, the investor may not need to participate in managing the business.

E2 Treaty Visa: This visa allows an investor to enter the United States with a smaller investment amount. Depending on the investor’s country of citizenship, the investor might be able to own and operate a business with an $80,000 initial investment. Although this visa does not lead to a permanent green card, it allows the investor to work in the U.S. for up to five years, and it can be renewed indefinitely.

E1 Treaty Visa:  This visa allows an investor to enter the U.S. for a period of time up to five years to conduct trade. This visa does not require that an individual have an office in the U.S., nor does it require a minimum investment amount.  Rather, the treaty holder must prove active trade between the U.S. and country of citizenship. Like the E2 visa, this visa does not lead to a green card, but it can be renewed indefinitely.

L1 Visa.  The L1 visa is a hybrid visa between the E2 and the EB5 visas. Like the E2, it is a temporary visa with an investment amount of approximately $100,000 to $150,000 USD.  However, the L1 visa is a dual intent visa.  The investor can initially enter the U.S. temporarily but transition to a permanent green card by filing an EB1C visa application. 

EB1C visa. This visa allows an entrepreneur to manage a company in the United States. Most applicants initially enter the U.S. on the L1 Visa. After they run their business for a year, they then apply for an EB1C visa to permanently manage the company.

Rothrock Immigration Lawyer | Experienced US Immigration Attorneys

We counsel our clients not to view US immigration policy and law as an obstacle to “get around.” Rather, we counsel our clients to be careful not to do anything short term that could jeopardize any more important, long-term goals.  We counsel our clients to choose cost-effective pathways.    Initially, we determine the clients’ short- and long-term goals.  We then point out how the creative use of US immigration law can meet the short-term solution required, as well as provide long-term business growth management.

Our Visa approval rates worldwide provide the best evidence of our capabilities and are the envy of our competitors. We are proud to provide what is often “life changing” advice and cost-effective legal solutions to business challenges. As native South Floridians, we are also humbly proud of the part we play in the accomplishments of our clients in the community. We provide “boutique firm” U.S. visa services to accomplish each clients’ goals. If you think you may benefit from our services, please contact us for a free consultation.

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.