Atlanta immigration lawyer

Attorney Zeb Ogueri

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Recently, Clients Have Been Very Interested in the E-b5 Visa Program.

The EB 5 Visa is currently a hot topic since the news broke that a big surge of wealthy Chinese nationals has shown interest in this investor immigration visa. According to a CNNMoney report last March 2014, affluent Chinese nationals account for over 80% of the issued EB 5 Visa, which is a far cry from the 13% (16 visas) granted in 2004. Call Zeribe Law Offices Atlanta, Georgia offices at: 770- 840-9098 to schedule a consultation. 

The EB 5 Visa or the Immigrant Investor Visa was created in November 1990 by the United States Congress with the goal of boosting the U.S. economy through foreign capital investments and creation of more jobs.

To qualify for an EB 5 Visa, investors must meet certain standards such as:

  1. A new commercial enterprise
  • Lawful business for profit such as a corporation, joint venture, partnership, holding company, and sole proprietorship
  • Excludes all non-commercial activities such as personal residence and properties
  1. Job creation requirements
  • Create or maintain a minimum of 10 full time jobs for qualified U.S. workers within a period of two years
  • Create or maintain direct identifiable jobs for those in the commercial enterprise location
  1. Capital Investment Requirements
  • Cash, tangible inventory, property, or equipment considered as assets by the investor (EB 5 Visa applicant)
  • Assets acquired unlawfully (whether directly or indirectly) will not be considered.
  • Shall be given United States dollar valuation
  • Cannot be borrowed or owed to someone else
  • $1 million is the minimum qualifying investment in general
  • For Targeted Employment Area (rural or high unemployment area of about 150% national average rate), the minimum qualifying investment is $500,000.

It is important to note that the EB 5 Visa is only limited to 10,000 visas for each year — a number that includes the spouse and children of the investor.

There are four major steps to attaining an EB 5 Visa:

  1. Locate a business entity in the United States to invest in.
  2. Make the required capital investment and turn in the accomplished I-526 petition.
  3. Obtain conditional permanent residency (after the approval of the I-526 or DS-230)
  4. Fulfill all EB 5 Visa requirements within the two-year conditional permanent residency and file the I-829.

Investors who are successful in completing the EB 5 Visa application become lawful permanent residents of the United States. This means that they can live, work, and travel within the U.S. without needing a visa. After at least five years of permanent residency, the investor may opt to become a naturalized citizen of the United States, too.

Call Zeribe Law Offices Atlanta, Georgia offices at: 770- 840-9098 to schedule a consultation.