Greg Prosmushkin
Dec 28, 2018

Investor Visas are very popular due to the fact that a Green Card is guaranteed for the investor and his or her family. However, the amount of investment required to obtain one is quite high. The EB-5 Visa is an employment creation classification under the employment-based visas. EB-5 applicants are able to skip the sometimes onerous labor certification process normally required for employment based visas like the H1B.  However, applicants must meet investment thresholds and demonstrate job creation for U.S. workers.

If an EB-5 applicant wants to start and run his or her own Business, the required investment is $1,000,000.00. The applicant must also show that the investment will create at least ten jobs for U.S. workers. This is an excellent option for an applicant who wants to run his or her own business and be in charge of day to day operations. The EB-5 investor must also present economic analysis and a business plan to USCIS (United States Citizenship and Immigration Services). The analysis and business show USCIS the number of jobs that would be created by the investment.

There is an option under the EB-5, however, that requires less investment. Congress created EB-5 regional centers to encourage investment in targeted area that traditionally have been underfunded. The advantage of investing in a regional center is that it is necessary to invest $500,000.00, instead of $1,000,000.00, in order to qualify for the visa. The other advantage is that the job creation can be indirect and induced job creation, rather than the direct job creation that is required if the applicant has invested in his or her own business.

A direct job is an actual identifiable job for qualified employees employed by the business into which the EB-5 investor has directly invested his or her money. An indirect job is a job shown to have been created collaterally by the project as a result of money invested in a business affiliated with a regional center.

The number of indirect jobs created through an EB-5 investor’s capital investment is based upon a business plan and a detailed economic analysis, which his evaluated and approved by USCIS. It is important to note that the business plan and economic analysis are presented to USCIS when the regional center is formed, it is not required to present the plan and analysis for each individual investor.

An additional advantage of investing in a regional center is that it is not necessary for the investor to involved in the day to day management of the business. An investor in a regional center can also live anywhere in the country, he or she does not have to live near the regional center. It depends upon the goal of the EB-5 applicant. Some investors want to start and run their own business, but others simply want a green card.

It is also important to note that initial approval of the EB-5 green card is conditional. The investor must file to remove the conditions by showing that the business remains viable and still employs at least 10 U.S. workers.

Lawyer for Investor Visa in Philadelphia

The Immigration Lawyers at Greg Prosmushkin, P.C. have the experience and expertise to guide clients through the investor visa process. For investors who do not have $1,000,000.00 or $500.000.00 there are less expensive options, such as the L Visa.

The L Visa does not lead to a green card, but permits an investor to live in the United States for a lengthy period of time. For the EB-5 investor we can help with the formation of the business plan and detailed economic analysis required by USCIS.