Skip to main content

Proposed Legislation Would Increase EB-5 Visa Availability and Change Minimum Investment Requirements

A bill proposed by Sen. John Cornyn (R-Tex.) has been heralded by real estate experts and other industries that rely on EB-5 investors. If passed, the spouse and children of an EB-5 visa holder would no longer count toward the annual visa cap of 10,000, which would increase the number of investors who qualify for EB-5 visas.

The bill also proposes an increase in the minimum investment requirement in targeted employment areas from $500,000 to $800,000 and a reduction in the minimum investment for non-targeted areas from $1 million to $925,000.

According to The Real Deal, real estate experts hope the bill will pass at the end of September. If the bill does not pass, they expect U.S. Citizenship and Immigration Services to make a similar change to the EB-5 visa program.

If you are a foreign entrepreneur who is interested in obtaining an EB-5 visa, or if you are a U.S.-based company seeking investments through the EB-5 program, contact Kuck Immigration Partners. Charles Kuck is a green card attorney in Atlanta who can answer your questions and help you navigate U.S. immigration laws. Call 404-816-8611 today to schedule a consultation.

What Is Considered a “Targeted Employment Area” under the EB-5 Visa Program?

A targeted employment area is a rural area or a region with high unemployment. According to USCIS, a rural area is a region that is outside of a metropolitan statistical area as defined by the Office of Management and Budget, or outside the boundary of any town or city with a population of 20,000 or more.

In order to qualify as a region with high unemployment, the unemployment rate must be at least 150 percent of the national average rate.

What Is the Job Creation Requirement of the EB-5 Visa Program?

Making a qualifying investment is just one requirement of the EB-5 visa program. In order for the investor and his or her family to remain in the United States, the investment must meet the EB-5 program’s job creation requirement.

If the foreign entrepreneur invests in a new commercial enterprise, the investment must create at least 10 full-time positions for qualifying employees. If the enterprise is not located within a regional center, only jobs that are directly created count toward the total. That means an employer-employee relationship must be established between the employee and the new commercial enterprise.

If the enterprise is located within a regional center, jobs that are created either indirectly or directly will count toward the total. An indirect job is one that is outside of the new commercial enterprise but created as a result of the new commercial enterprise.

If the foreign entrepreneur invests in a troubled business, job maintenance may count toward the job creation total.

If you have questions about the EB-5 visa program, turn to Kuck Immigration Partners. Charles Kuck is the past President of the Alliance of Business Immigration Lawyers (ABIL). Call 404-816-8611 to schedule a consultation with an immigration lawyer in Atlanta.


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…

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…


Todas las personas en los Estados Unidos, incluidos los extranjeros y aun los con ordenes de deportacion, tienen ciertos derechos básicos que deben ser respetados por los agentes de Inmigración y Aduanas (ICE). Estos derechos se derivan tanto de la Constitución de los Estados Unidos. y las leyes de Estados Unidos. Como extranjero, usted tiene los siguientes derechos:

Usted tiene el derecho de negar la entrada a un agente de ICE a su casa sin una orden válida. Esta orden debe ser firmado por un juez. Usted puede negarse a abrir la puerta, o se puede cerrar la puerta después de descubrir que el agente no tiene una orden válida. Los agentes del ICE generalmente no vienen con una orden judicial. Estos agentes suelen venir a la casa de alguien con una orden final de deportación, muy temprano en la mañana. Si alguien está golpeando en su puerta a las 6:00 am, no le es requerido abrir la puerta. Mirar fuera de primera. Si es un agente del gobierno, ust…