Direct EB-5 Visas – The Criteria

If you are an investor and looking to expand your business to the United States, then the EB-5 visa program allows you to set up a commercial entity within the territory of the United States, subject to the fulfillment of its various criteria. More than 90% of EB-5 investments are made through EB 5 Regional Centers, and as a result, very few law firms have experience with the alternative: the so-called “Direct” EB-5 applications.

A Direct EB-5 application is one where an investor opens, expands or acquires EB-5 qualifying businesses in multiple and varied industries across the United States. Davies & Associates has a successful history of representing clients from all around the world start and invest in businesses in the United States. This includes clients from India, Russia, Brazil, Azerbaijan, Egypt and many more countries. In this blog today we will discuss the criteria for getting a direct EB-5 Visa to the USA.

  • Capital Requirements: A Foreign company run by a foreign individual is required to make a minimum investment of 1 Million dollars for fulfilling the first requirement of EB-5. This amount is brought down to $ 500.000 if the investment is in a TEA region or a targeted employment region, which refers to mostly underdeveloped areas with high levels of unemployment. This requirement is statutory and this capital does not include costs incurred in processing and legal fees. It’s important to note that these criteria cannot be fulfilled with financed money, for example if you have borrowed from a bank and should come from the existing profits of a company.
  • Non-Profit Entities: Non-profit entities are ineligible for the EB-5 visa subject to certain exceptions. If you are looking to set up an NGO or any other organization on a non-profit model, then you would have to look for other avenues.
  • United States Commercial Entity: This one’s pretty basic, and requires the commercial entity to be registered in the territory of the United States and subject to federal and state laws. If your country has an investment treaty with the United States you can also look at the E2 visa which is by far the fastest way to get into the country. In case of an E2 visa, you can hire yourself and be your own sponsor for your immigration to the country.
  • Employment Generation: Other criteria of the EB-5 visa is an undertaking to create at least 10 full time jobs for US citizens. It’s important to keep this in mind if you are planning to get the workforce from another country.

We have told you briefly, about the criteria for getting an investor visa for the United States of America. We at Davies and Associates LLC have helped hundreds of corporations, successfully set up their businesses in the country, and we would love to hear from you in case you have any further questions.

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