Tag Archives: EB5 lawyer Cape Coral

Job Creation Requirements for EB5

Job Creation Requirements for EB5

Job Creation Requirements for EB5.  An EB-5 investor must create full-time positions for at least 10 qualif​ying​ employees.​  What is a qualifying employee?

  • For a new commercial enterprise ​not located within a regional center​,​ ​the full-time positions ​must be created​ directly by the new commercial enterprise to be counted.​ ​This means that the new commercial enterprise must itself be the employer of the qualifying employees​.​​
  • For a new commercial enterprise located within a regional center, the f​ull-time positions ​can be created​ either directly or indirectly by the new commercial enterprise. ​​
    • Direct jobs are those jobs that establish an employer-employee relationship between the new commercial enterprise and the persons it employs.
    • Indirect jobs are those jobs held outside of the new commercial enterprise but that are created as a result of the new commercial enterprise.

A qualifying employee is a U.S. citizen, lawful permanent resident or other immigrant authorized to work in the United States including, but not limited to, a conditional resident, a temporary resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation. This definition does not include the immigrant investor; his or her spouse, sons, or daughters; or any foreign national in any nonimmigrant status (such as an H-1B nonimmigrant) or who is not authorized to work in the United States.

Full-time employment means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week. In the case of the regional center program, “full-time employment” also means employment of a qualifying employee in a position that has been created indirectly that requires a minimum of 35 working hours per week.

A job-sharing arrangement whereby two or more qualifying employees share a full-time position will count as full-time employment provided the hourly requirement per week is met. This definition does not include combinations of part-time positions even if, when combined, the positions meet the hourly requirement per week.

Jobs that are intermittent, temporary, seasonal, or transient in nature do not qualify as permanent full-time jobs. However, jobs that are expected to last at least 2 years are generally not considered intermittent, temporary, seasonal, or transient in nature.

If you need an EB5 attorney in Naples, call Carl Rothrock for appointment today.

 

EB5 Investor Visas

EB-5 Investor Visas

An EB-5 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 would like to schedule a consultation, call today at (239) 206-2363.

EB-5 investor visas

EB-5 investor visas allow investors to obtain green cards through investing in companies that will provide jobs in the U.S.

Requirements for EB-5 Visa

  • The minimum investment amount to qualify for EB-5 status is $1,800,000.00 per immigrant investor.  The limit is reduced to $900,000.00 if the investment is in a “targeted employment area” or if the investor makes his investment through a regional center.
  • Assets used must be from a legitimate fund.  Legitimate funds include cash, stocks, and real estate.  The investor cannot use money from illegal sources.
  • Except in a regional center company case, investors are required to participate in the operational management of the invested enterprise.  This requirement can be satisfied by taking a managing position, participating in the decision-making process or being a limited partner in a LLP. In some cases, the participation requirement can be waived.
  • The investor must show that he or she created at least 10 direct or indirect jobs

Advantages of EB-5 Visas

  • The EB-5 provides a permanent green card and a pathway to U.S. citizenship.  It is not temporary.

EB5 proof of funds

EB 5 proof of funds

EB5 proof of funds.  One of the criteria of obtaining an EB5 visa is the ability of the investor to show that he or she put up his or her own funds in financing the investment.  The following documentation is typically required to show proof of funding of some of the common types of funding:

EB5 Proof of funds if the investor is using his or her own income from savings

  • Five years of personal income tax returns
  • Personal bank account statements for the past two or more years
  • Salary verification from previous employers
  • Five years of business tax returns
  • Business registration documents
  • Business bank account statements for two or more years
  • Documentation that you own your own business

EB5 Proof of funds from sale of real estate:

  • Proof that your funds were used to purchase the piece of real estate that you sold.
  • Copy of wire transfer
  • Bank account statement
  • Copies of deed and closing statement

EB5 Proof of funds from sale of stock

  • Stock certificate
  • Company’s incorporation documents or other company registration documents
  • Stock purchase agreement
  • Evidence of the transfer of proceeds of the stock sale from the brokerage company to the investor’s account(s)
  • Payment of tax obligations owed on the proceeds of the stock sale

If you need an EB5 attorney in Ft Myers, call Carl Rothrock today at 239-206-2363.