Skip to main content

EB-5 Visa Program Extended through September Despite Calls for Reform

The EB-5 visa program allows foreign entrepreneurs and their families to become lawful permanent residents in the United States if they make a qualifying investment in a U.S. enterprise. On April 28, despite a flurry of proposals to reform the EB-5 program, Congress passed a stopgap funding bill that extended the program in its current form through September.

As many potential investors have heard, there have been calls to adjust the minimum investment amounts, introduce stricter regulatory processes, and reclassify targeted employment areas.

If you are interested in acquiring a green card through the EB-5 program, you should take action before potential reforms limit their issuance. Attorney Charles Kuck can evaluate your situation, answer your questions about the EB-5 visa program, and help you navigate the petitioning process.

Charles Kuck is the past President of both the American Immigration Lawyers Association(AILA) and the Alliance of Business Immigration Lawyers (ABIL), and he has the knowledge and resources to help you avoid delays and mistakes that could lead to a denial of your application. Call 404-816-8611 to schedule a consultation with an Atlanta EB-5 attorney at Kuck Immigration Partners.

How Much Money Do I Need to Invest to Obtain an EB-5 Visa?

There are two primary requirements for obtaining an EB-5 visa: making a qualifying investment and meeting the program’s job creation requirements. Currently, the minimum capital investment required by the EB-5 program is $1 million if the capital is invested in a new commercial enterprise; however, if the capital is invested in a targeted employment area, the minimum investment is only $500,000.

A targeted employment area is a rural area or a region with a high unemployment rate. A rural area is defined as an area located outside of what the Office of Management and Budget considers a metropolitan area. Alternatively, a region may qualify as a rural area if it is outside the boundary of a city or town with a population of at least 20,000 based on the decennial census.

A “high unemployment area” is an area where the unemployment rate is at least 150 percent the national average rate.

What Counts as a “Capital Investment?”

U.S. Citizenship and Immigration Services considers capital to be cash, cash equivalents, tangible property, equipment, inventory, and indebtedness secured by assets owned by the foreign investor, as long as the assets of the new commercial enterprise are not used to secure the indebtedness and the foreign investor is personally and primarily liable.

The value of the invested capital is based on the fair-market value. The foreign investor must be able to prove that he or she acquired the capital by lawful means. Borrowed assets and money do not qualify as investment capital.

If you would like to speak with an EB-5 lawyer about obtaining an EB-5 visa, contact Kuck Immigration Partners. Charles Kuck is an immigration attorney in Atlanta who can help you navigate U.S. immigration laws and avoid mistakes that would cause delays or a denial of your application. Call 404-816-8611 today to schedule a consultation.


Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…
Si usted es inmigrante (incluso un ciudadano de los EE.UU.), aquí hay 9 cosas que usted debe saber.

¿Es usted un ciudadano estadounidense naturalizado, residente legal permanente, titular de una visa o inmigrante indocumentado? Le recomendamos que tome los siguientes pasos para protegerse de nuestra versión actual de América.
Las últimas semanas hemos recordado a los inmigrantes, incluso a los ciudadanos estadounidenses naturalizados, que no nacieron en los Estados Unidos. Nuestra oficina ha recibido innumerables llamadas telefónicas, mensajes de correo electrónico y mensajes de medios sociales de personas preocupadas por el futuro de su familia en los Estados Unidos.
La mayoría de gente quiere saber qué puede hacer ahora para protegerse de lo que promete ser una ola de actividad anti-inmigración por parte del gobierno federal. La orden ejecutiva de Trump sobre la aplicación de la ley interior tiene algunas disposiciones que deberían hacer temblar a la mayoría de los estadounidenses. …

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence.

The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their driver's licens…