The Immigration Act of 1990 created a new opportunity for investment based immigration for foreign nationals. Basically, the new program granted a conditional permanent residence valid for two years for the immigrant entrepreneurs who invested a minimum of $1,000,000 or $500,000 dollars in high unemployment or rural areas. In addition, the immigrant investors had to create and preserve 10 full time and permanent jobs for qualified US workers. The new possibility was given the name of EB-5 investor visa and the attorney who handled the paperwork and all the necessary procedures was called EB-5 lawyer.
The complexity of the paperwork and the bureaucracy of the whole process can simply make an investor turn around and leave the entire program. The EB-5 investor visa program is essentially a beneficial program for both parties but without the help of an EB-5 lawyer, the program may as well be abandoned. There are numerous questions related to the program which only a specialized attorney can answer such as:
What is the success rate of EB-5 investor visa applications?
What are the business sectors likely to succeed in the EB-5 process?
Are all regional centers the same as far as success rate and functionality?
What is the most adequate regional center for your particular case?
What can a client expect to be the most difficult part in the EB-5 process?
What is the greatest concern about regional centers?
Is an investment based on a stand-alone business more advisable than an investment in one of the USCIS regional centers?
Again, there are many questions when it comes to the eligibility requirements of the EB-5 investor visa which only an EB-5 lawyer can answer. Any potential investor needs to understand that, although things may sound simple, they are not. Here are some things an investor may need to clarify as far as eligibility goes:
The investment needs to be a commercial investment which means any for profit business type
A passive investor cannot qualify for permanent residence
The investment of capital needs to be considered from all points of view including the amount of the investment, the equity capital, kinds of capital, escrow, at risk proof, tracing and legal source of capital, and so on.
The investment must benefit the economy of the United States
The new enterprise needs to create or save 10 permanent jobs excluding the owner or his family, independent contractors, and other exceptions.
The investment in troubled business doesnt require creating 10 jobs
The enterprise may qualify for the Pilot Program of 10 indirect jobs
However the matter of EB-5 investor visa is regarded, the need of an EB-5 lawyer is imperative. It is unlikely that a potential investor will have any chances of success as long as they act independently without professional legal help. Actually, the program registered such a law success rate that many possible candidates have given up on the idea.
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