FAQ for EB-5 visas

Q. How do I show that a new commercial enterprise will create not fewer than ten (10) full-time positions for qualifying employees?

A. To demonstrate this, the alien's petition must be accompanied by:

1. Documentation consisting of photocopies of relevant tax records, Form I-9, or other similar documents for ten (10) qualifying employees, if such employees have already been hired following the establishment of the new commercial enterprise; or
2. A copy of a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than ten (10) qualifying employees will result, including approximate dates, within the next two years, and when such employees will be hired.

Q. If the business has more than one investor can I still use it as a basis for my petition?

A. Yes. The establishment of a new commercial enterprise may be used as the basis of a petition for classification as an alien entrepreneur by more than one investor, provided each petitioning investor has invested or is actively in the process of investing the required amount for the area in which the new commercial enterprise is principally doing business, and provided each individual investment results in the creation of at least ten full-time positions for qualifying employees.

Q. How do I show that I've invested the required amount of money?

A.The alien investor's petition must be accompanied by evidence that the petitioner has placed the required amount of capital at risk for the purpose of generating a return on the capital placed at risk. Such evidence commonly includes:

1. Bank statements showing amounts deposited in a United States business account for the new business;
2. Evidence of assets, including invoices, sales receipts, and purchase contracts containing sufficient information to identify such assets, their purchase costs, date of purchase, and purchasing entity;
3. Evidence of any loan or mortgage agreement, promissory note, security agreement, or other evidence of borrowing which is secured by assets of the petitioner, other than those of the new commercial enterprise, and for which the petitioner is personally and primarily liable.

Q. What is a "targeted employment area?"

A. Targeted employment area means an area which, at the time of investment, is a rural area or an area which has experienced unemployment of at least 150 percent of the national average rate.

Q. What is a "troubled business?"

A. Troubled business means a business that has been in existence for at least two years, has incurred a net loss for accounting purposes during the twelve- or twenty-four month period prior to the priority date on the alien entrepreneur's Form I-526, and the loss for such period is at least equal to twenty percent of the troubled business's net worth prior to such loss.

If you believe you qualify for an EB-5 visa and would like to immigrate to the United States, please contact us. The experienced and skilled immigration attorneys at Shihab & Associates Co., LPA are fully prepared to help you with every aspect of your business venture.