LAW OFFICES OF BARBARA-ANN WILLIAMS, PC

$1 MILLION INVESTMENT OPPORTUNITIES

The EB5 Entrepreneur visa program presents a unique opportunity for persons with capital to invest in the United States to obtain a green card. Foreign nationals with at least $1 million to invest in a new or existing business or at least $500,000 in an underserved area.  

Foreign investors may qualify for a conditional green card if they can demonstrate they have at least $1 million in capital readily available to invest, the investor’s personal assets are at risk in this investment and that at least 10 jobs will be created for legal US workers and/or US citizens by the investment.   These requirements are outlined further below. 

Entrepreneurs interested in investing $1 million in capital in a new or existing business must establish the following for the EB5 visa:

• Evidence can include bank statements, evidence of purchased assets; evidence of property transferred from abroad; stock certificates given for investment; or loan or mortgage agreements for the new enterprise.
• Invoices and/or contracts to show purchase or agreement to purchase merchandise and fixtures or supplies;

NOTE: For those with a business venture in which creating 10 full time jobs may be a hardship or impossiblitity and who have capital to invest, the EB 5 Pilot Program  may be a better option.   USCIS recently announced a new EB 5 Pilot Program for those with at least $550,000.00 to invest in a designated Regional  Center.  

To determine if you qualify for this special visa, schedule a Consultation now.

THE CAPITAL WAS OBTAINED THROUGH LAWFUL MEANS:

Investors relying upon a foreign business or source of funding or income may provide the following types of information:

• Foreign business registration records if source of funds is foreign;
• Corporate, partnership and personal tax provided by the source of the funds filed within the past five years;
• Evidence identifying other sources of capital; or
• Certified copies of any judgments or evidence of all pending governmental civil or criminal actions, administrative actions, and any private civil actions involving monetary judgments within the past 15 years if this is the source of funds;
• If the source of the funds are from the sale of a home or business, provide the sales contracts or deeds;
• If a portion of the funds of the $1 million investment will be coming from your own personal assets, provide proof of your income during the previous years (i.e. pay stubs, W-2s, personal tax returns) and a paper trail showing the funds being invested by you was lawfully obtained, as well (i.e. liquidation of stocks, stock option agreements, etc.).

PROOF THE INVESTMENT IS 100% PERSONALLY AT RISK TO THE INVESTOR

In addition to demonstrating the investor has the funds readily available to invest, he or she must also establish that their own personal assets are at risk if serving as the basis for the $1 million. Personal assets can include money from savings, shares owned in a company (other than the new enterprise), the investor’s real estate holdings, vehicles and other property located within or outside the U.S.
NOTE: US Immigration regulations strictly prohibit the Investor using the enterprise itself as collateral to secure loans.

LEGITIMACY OF THE BUSINESS ENTERPRISE

The following list of documents are often considered by Immigration as evidence of the legitimacy of the enterprise:

• Certificate of Incorporation showing incorporation in the State of California;
• Corporation’s Articles of Organization, Bylaws and/or Operating Agreement;
• Record of Certificates Issued and if you are a stockholder, stock certificates issued;
• Seller’s Permit with the California State Board of Equalization;
• Business Tax Registration Certificate;
• Verification of Seller’s Permit;
• Copy of the Secretary of State’s Statement of Information for the LLC;
• Comprehensive Business Plan including projections, market analysis, beginning inventory statistics and descriptions of positions; description of the business, products and services provided and company objectives; market analysis including names of competing businesses and their relative strengths and weaknesses; comparison of competitor’s products; and a new description of the target market/prospective customers of the new commercial enterprise; a list of the required permits and licenses obtained; a description of the manufacturing or production process, including the material required and the supply sources; a marketing strategy, including pricing, advertising and servicing; the organizational structure and its personnel’s experience; the staffing requirements and a timetable for hiring, including job descriptions for all positions; and sales, cost, and income projections;
• Copy of Commercial Lease Agreement;
• Proof of Insurance; and,
• Photos of the premises;
• Minutes of corporation showing the officers, directors and shareholders;
• Copy of closing statement or lease for premises;
• Description of your company including the nature of the business, description of services to be rendered and targeted audience/clientele;

PROOF OF JOB CREATION OF AT LEAST 10 FULL TIME JOBS

The enterprise must create at least 10 full time jobs for US workers (US citizens or those otherwise legally entitled to work and remain permanently in the US).

THE INVESTOR MUST ALSO DEMONSTRATE HE OR SHE WILL MANAGE THE AFFAIRS OF THE BUSINESS INCLUDING THE DAY-TO-DAY OPERATION

Regular Program: Approximately 10,000 visas available per year

• Minimum capital investment $1 million ($500,000 if in an area designated by the US to be economically challenged);
• Creation of a new business;
• Creation of a minimum of 10 direct jobs as evidenced by employees working for a new business; and,
• Investor must participate in the management of the business (policy making and major decisions).

• $530,000 - $550,000 capital investment in a designated Regional Center (including escrow costs and incidentals);
• Creation of a new business;
• Creation of a minimum of 10 indirect jobs (employees do not have to work directly for the new company); and,
• Participation in the management of the business by the investor applicant (policy making and major business decisions).

The primary difference between the two has to do with the amount of the capital investment as well as the creation of jobs. Under the Pilot Program, if the investment is through a designated Regional Center, the capital requirement is generally $530,000 - $550,000 and the jobs that are created need not be direct jobs (employees do not have to work directly for the new business). Rather, the new business must only prove that a minimum of ten jobs were created as a result of its business operations. These jobs can be direct, indirect or induced.

USCIS recently announced it will extend the EB5 Pilot program through September 30, 2009.