E-2 & EB-5 Visa Lawyer: Visas for Investors
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There are two visas available for individuals seeking to come to the United States to live and work as investing partners of businesses, the E-2 treaty investor visa, and the EB-5 visa. The application process for an EB-5 visa, a visa for an investor, is very complex and time-consuming. Hire a well-qualified Fort Lauderdale visa attorney from Guerra Saenz, PL for legal advice and assistance in the EB-5 visa process.
Our attorneys are Avvo Client's Choice for 2013 and have countless hours of experience in helping clients through all immigration and visa-related issues. Attorney Guerra is also recognized by The Florida Bar as being Board Certified in Immigration and Nationality Law. Why not choose a lawyer who will make the process smoother and faster? Why not work with an immigration law expert? Call us today to get started!
Who Qualifies for an EB-5 Visa?
The EB-5 visa was created by Congress in the Immigration Act of 1990 with the purpose of creating jobs and bolstering the U.S. economy through capital investment by foreign investors. You are qualified to get an EB-5 visa if you invest a minimum of $1 million in a new company located in the U.S. that employs 10 or more workers, or through a Regional Center under a pilot immigration program enacted in 1992 to further promote economic growth.
An investment of $500,000 is allowed for rural areas or areas with high unemployment. You can create a new business, or you can buy a business that was established after November 29, 1990, and expand, restructure, or reorganize it to form a new business entity. You can also buy a business in trouble in order to prevent it from failing, but it has to have had an annual loss of 20% of its net worth during the past 2 years, and the company has to be at least 2 years old. If you buy a business that is in trouble, you do not need to create 10 jobs, but you must show that you kept the same number of employees for 2 years.
You are required to invest in the company you make or choose for 3 consecutive years and show that you are actively engaged with the company, or your visa can be revoked. Your visa can also be revoked if you do not live in the United States and instead travel back and forth for work. Your spouse and unmarried children under the age of 21 may also obtain green cards along with you for a 2-year conditional period. After 2 years your conditional green card will expire, and you then can apply to renew it and make it permanent.
The EB-5 Visa Process
To begin the process of getting an EB-5 visa you have to file an I-526, Petition for Alien Entrepreneur form. Once this form is approved you will need to file a DS-260, Application for Immigrant Visa and Alien Registration form in order to obtain an EB-5 visa and be allowed in the United States. An I-485, Application to Register Permanent Residence or Adjust Status form, can allow you to gain conditional permanent residence in the United States.
How Long Does the EB-5 Process Take?
The application and petition are typically approved within 60 days from the date of filing, however the average processing time for the EB-5 is about 6 months. However, you will need to wait for USCIS and the Department of State to schedule an interview.
The E-2 visa is discussed in detail on our Treaty Investor page and is intended for foreign investors who invest a certain amount of capital in an existing United States enterprise. The government's stated purpose behind creating and implement these visa programs is to develop and foster significant trade with treaty countries and to create jobs for United States citizens. There are 10,000 EB-5 visas available each year for investors but only a few are accepted due to the demanding qualifications. Currently, there is not a cap on the amount of E-2 visas that are available each year.
Why Choose Our Investor Visa Attorney?
- In the top 1% of lawyers (National Association of Distinguished Counsel)
- Multi-lingual, accessible legal services
- 1,000+ immigration cases successfully handled
- Top-rated by peers and highly recommended by clients
Contact us today to reach a Fort Lauderdale visa lawyer with personal experience in immigration law and in obtaining an EB-5 visa.