We can assist you in obtaining an E-1 / E-2 Visa if you have invested or are actively in the process of investing funds, your investment is irrevocably committed and consists only of funds in which personal assets are involved, such as personal funds, property that is not subject to any creditor claims or liens (house owned free and clear), a mortgage with your personal house used as collateral. A reasonable amount of cash held in a business bank account to be used for routine business operations may be counted as investment funds. Payment in form of lease or rent for property or equipment as well as the amount spent for purchase of equipment and for inventory on hand may be calculated in the investment total.
Your enterprise is a real and operating commercial enterprise: the investment must be a commercial enterprise, producing some service or commodity. It cannot be a paper organization or a speculative investment (undeveloped land or stocks).
Your investment is substantial: A proportionality test is used to determine how substantial the investment is. The amount of funds invested is compared to the cost of an established business (purchase price/fair market value) or the cost of establishing a new business by assessing the percentage of the investment in relation to the cost of the business. If the two figures are the same, then the investor has invested 100% of the needed funds in the business. The test is: the lower the cost of the business the higher a percentage of investment is required, whereas, a highly expensive business would require a lower percentage of qualifying investment.
Investment is more than a marginal one solely for earning a living: The enterprise must have the present or future capacity to generate more income than being able to provide a minimal living for the investor and his family. This ability must be realized within 5 years of the business. To overcome this issue of marginality, an applicant should submit a business plan to verify ability to reach profits within 5 years. A business plan would need to include the projected cash flow of the business. It would need to take into account the standard costs of running the business i.e. electricity, invoices from vendors and other bills. In addition, it would have to project the profits of the business on a yearly basis with a breakdown of money going to salary and other assets.
You are in a position to “develop and direct” the enterprise: You as the investor should own at least 50% of the business and demonstrate that you will personally develop and direct the business.
You are an employee destined to an executive/supervisory position or possess skills essential to the firm’s operation in the US
A different option is the Regional Center Pilot Program which permits private and governmental entities within the U.S. to establish regional centers and allows foreign investors who invest $500,000 and create, either directly or indirectly, 10 jobs, to qualify for permanent residence in the U.S.
The procedure for all cases requires that an investor who has met the requirements of the law submit an Immigrant Petition by Alien Entrepreneur (Form I-526) to the USCIS. Immediately upon approval of the petition, the investor and his family may apply for adjustment of status or for immigrant visas if they are residing abroad. Similar to marriage cases, EB-5 investors receive two-year conditional green cards. Prior to the expiration of the two- year period, the investor is required to submit a Petition by Alien Entrepreneur to Remove Conditions (Form I-829) after which the USCIS issues a ten-year green card.
The number of government-designed regional centers has expanded recently. The latest list which was last updated on the USCIS website on January 5, 2010 lists almost 80 regional centers in more than 20 states. Indeed, there are over 20 government-designated regional centers in the State of California alone.
Investors should not depend solely upon immigration attorneys to guide them in selecting from among the myriad of approved regional centers. Law school did not train us to evaluate investment opportunities. However, once you have selected a regional center to invest in, let your immigration attorney guide you in complying with applicable immigration laws and procedures.
