Every year, about 140,000 immigrants come to the United States through immigrant visas that are employment-based. These visas are divided into 5 different preference categories, the fifth of which are immigrant investors or immigrant entrepreneurs. Employment Fifth Preference, or E5 visas, are available for investors who are foreign nationals seeking to come to the U.S. to engage or participate in new commercial enterprises that will benefit the economy of the United States through capital investment and job creation. Of all of the employment-based visas that are issued, immigrants who are investors receive typically up to 7.1 percent of them.
In order to be eligible for an immigrant investor visa, you must be able to invest in a qualifying commercial enterprise, without borrowing funds, the following minimum qualifying capital dollar amounts:
In addition, within two years, an investment that qualifies must create full time jobs for at least ten United States citizens, green card holders (permanent residents), or any other immigrants who have authorization to work in the U.S. However, these ten positions cannot include the investor themselves, or the investor’s children or spouse.
The immigrant investor E5 visa is broken down into four categories. These categories include:
In order to obtain an investor visa, you will be required to file a petition with the United States Citizenship and Immigration Services, and once your petition is approved, you must complete a visa application, provide all of the necessary immigrant visa documents, and undergo medical examinations. If your petition is approved, your spouse and your unmarried minor children will also be able to apply for immigrant visas with you.
It’s important to note that because employment-based immigrant investor visas are limited in number, it may take longer before a visa is issued. Unfortunately, the amount of time it actually takes to obtain an investor visa is unpredictable as it depends on your case, whether application instructions are followed properly, whether additional administrative processing is required, and again, whether an investor visa is actually available. If you are deemed ineligible for an investor visa, you will be informed by the consular officer who will also advise you as to whether you are eligible for a waiver of the ineligibility.
If you are looking to come to the United States to invest in a new business that will create jobs and otherwise benefit the United States economy, then the experienced Immigration Lawyers at Rodriguez & Sanabria can help you determine which immigrant investor visa best suits your needs and can guide you through the process of obtaining that visa. Contact Rodriguez & Sanabria 24/7 via phone at (571) 292-1209 in Virginia, (301) 585-8400 in Maryland or email for a free consultation, or to schedule an office visit.
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