ALEJANDRO ROQUE., ESQ. | IMMIGRATION & CRIMINAL LAW ATTORNEY

Visas for Investors

The economic expansion in the country has resulted in the possibility for foreign investors to come to the United States through the EB-5 visa, which allows them to have a temporary residence that will become permanent in two years.

EB-5 INVESTMENT VISA

These are visas designed specifically for entrepreneurs interested in investing and legally residing in the United States in order to seek economic opportunity, alternative education for themselves and their families, or to retire in the United States.

The United States grants 10,000 immigration visas to declared entrepreneurs each year under the Immigration and Nationality Act (INA), sections 203(b)(5) and 8 USC 1153(b)(5).

REGIONAL CENTER

Thirty percent of those visas (3,000 per year) are intended to be issued to investors who are part of the Regional Center pilot program created by USCIS.

According to the definition of the United States Citizenship and Immigration Services, it is an economic entity, public or private, recognized as such by the INS for its activity in promoting economic growth, improving regional production, creating jobs and increasing capital in national investments and, in this way, its business economic activity has a positive impact on the regional or national economy.

For investors interested in such a scheme, USCIS has made a complete list available at www.uscis.com/regionalcenters, preventing the possibility of fraud.

HOW TO APPLY FOR AN EB-5 VISA

First, foreign investors must establish that they intend to engage in a new enterprise headquartered within a Regional Center that has been approved and recognized by the USCIS pilot program.

Secondly, they will have to demonstrate that they have created at least ten jobs in their new company, either directly or indirectly, through increased exports, increased productivity in the Central area or increased domestic capital investment as a result of the pilot programme.

INVESTOR CHOICE CONDITIONS

The main prerequisite is money already invested or to be invested, which is the amount necessary to establish a commercial enterprise and with which a number of new jobs will be created and, at the same time, regional and national economies will benefit. They can get him and his immediate nuclear family an EB-5 visa (spouses and unmarried children under 21 years of age).

REQUIREMENTS

The investment must be made in one of the following areas: the formation of a new company with capital of at least one million dollars, or five hundred thousand in cases where the investment is made in a "targeted unemployment area" (TEA), that is, areas where unemployment has reached more than 150 percent of the national rate, or a rural area designated by the Office of Management and Budget (OMB).

The acquisition of an existing company, followed by a restructuring and reorganization leading to the formation of a new corporation.

Alternatively, expanding an existing company by 140 percent of its jobs or pre-investment net worth, or retaining employees at a company that has lost 20 percent of its net worth in the past two years.

STEPS TO APPLY FOR IMMIGRANT INVESTOR STATUS

The initial stage is for a foreign entrepreneur to file Form I-526 Immigrant Petition. Along with this form, the necessary documentation must be submitted to prove beyond a doubt that the petitioner's investment complies with all of the above-mentioned agreements: the formation of a new company, the investment of the stipulated capital, the creation of the required number of jobs, that the investor is actively participating in his company, and the creation of jobs in an identified area of unemployment. In addition, he must clearly demonstrate that his capital comes from a legal source of funds.

Approval of Form I-526 grants the investor conditional resident status for two years, but he or she may apply for adjustment of status by filing Form I-485 in the case of residing in the United States, or Form I-829 in other cases, within 90 days following the investor's two years as a conditional resident in the country.

INVESTMENT RISKS

All investments involve risk, and businesses created by immigrant investors are no different; however, the risk of their investments is the same as that of any other business in the country.

FAMILY

The main family that immigrated through the EB-5 visa obtains all the privileges of an immigrant from the moment they receive their green card. Even if the investor no longer lives in the country, the children will be able to live and study there.

THE EB-5 VISA APPLICATION PROCESS

The best approach to ensure that your application is accepted quickly and smoothly is to entrust it to the legal firm Alejandro Roque ESQ, which has a team of specialists with the expertise and experience to provide you with the best service.

E-2 VISA

The U.S. also provides an E-2 visa for investors who are nationals of a country with which the U.S. has a trade agreement and who are coming to the U.S. primarily to oversee and grow the activities of a company in which they have investments or are actively involved in the investment process.

The Law Office of Alejandro Roque ESQ. provides guidance and advice on this type of visa since Visas and Residences for Foreign Investors are one of the Specialties of Attorney Alejandro Roque.

That is why Attorney Alejandro Roque ESQ assists you in this process, which can sometimes be challenging due to the complexities of immigration law, providing you with competent service.

If you are interested in applying for visas and residency for foreign investors, call our immigration advisors at (786) 699 - 7031 now.