305 Broadway Suite 100 New York, New York, 10007-1109 TEL: 1 (212) 267-2555 TOLL FREE: (800) 272-8160
Metro Park NJ office (By Appointment Only) (732) 313-0075
E-B5 Investor Visas

Obtaining E-B5 Investor Visas for NY Entrepreneurs

We can help those seeking to invest in U.S. enterprises

As part of our national policy of encouraging foreign investment in U.S. enterprises and workers, the government extends permanent work visas to qualifying foreign nationals who invest capital in U.S. enterprises or create U.S. jobs. However as is nearly always the case for obtaining any kind of permanent immigration visa, the applicant must meet strict requirements. Moreover, the issuance of E-B5 visas is subject to strict annual limits. Our attorneys fully understand the intricacies of the E-B5 visa program and have helped numerous investors and entrepreneurs in NY gain permanent legal residence in the United States.

Who qualifies for an E-B5 visa?

Created in 1990, the E-B5 program was designed to encourage foreign investment in U.S. enterprise, especially in certain struggling areas. E-B5 is the last of five preference categories for permanent worker visas available under U.S. immigration law. While it is the lowest priority among the various types of visas for permanent workers, it also offers the advantage of not requiring a Labor Certification or an employer sponsor within the United States. Instead, applicants must show that they have invested in a new enterprise within the United States that meets one of the following criteria:

  • The capital investment provided must be at least $1 million; although this may be reduced to $500,000 in certain designated rural areas and other areas with high unemployment.
  • The enterprise must create or preserve at least full-time jobs for legal U.S. workers within the first two years. This usually must be directly through employees that the enterprise hires or retains. Some investors however can qualify through jobs indirectly created by the increased business their investment provides to other enterprises.

New enterprises

The definition of a new enterprise is not as strict as you may expect. Currently, any business created subsequent to November 29, 1990, is considered new. Even businesses established prior to that date may be considered new enterprises if the investor significantly restructures them or allows him or her to expand by at least 40 percent in net worth or number of employees. Of course, U.S. Citizenship and Immigration Services and The Department of State demand strict proof that these criteria are met before they issue an E-B5 visa. Our experienced NY attorneys can help you fully understand the criteria your business proposal must meet and the types of proof that are acceptable to U.S. immigration authorities.

Contact us to learn how investing in the United States can help you

We at Bretz & Coven, LLP consider the E-B5 visa program to be an excellent example of how immigrants contribute to our society every day. Our attorneys are proud to have assisted numerous entrepreneurs in NY in obtaining entry and residency through this program. Contact our experienced immigration lawyers in New York City today at 1 (212) 267-2555 or online for creative solutions to your complex immigration problems.  For an office appointment in Metro Park, New Jersey, call 1 (732) 313-0075.

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