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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 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.

Immigration Consequences of Criminal and Fraudulent Conduct
The immigration consequences of criminal or fraudulent conduct can be harsh and often illogical. Even a very minor offense could have a dramatic immigration consequence, including deportation, detention without bond, being denied naturalization, a visa or re-entry into the United States. Likewise, the use of fake or fraudulent documents, aliases, and other misrepresentations can have similar immigration consequences. Kerry Bretz and Bretz & Coven have been counseling non-citizen criminal defendants, as well as their lawyers, for over 20 years. We have a long history of strategizing deportation and removal defenses, as well as applications for waivers, in very complicated cases.

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"Was trying to get Green Card since about 7 years. Finally when I switched to this law firm I was able to get green card very fast with great confidence. Big thanks to Eileen, Kerry, Manjit and Olga." - Dinesh, Kansas

""With an extensive criminal history: over 14 arrests, 2 State prison bids and several felony convictions no lawyer wanted my case in 2010. Thanks to the experts at Bretz & Coven who worked diligently and with precision, today I am a United States citizen." - E.A. Brooklyn, NY

"Absolutely one the best, if not the best immigration attorneys. They helped from start to finish in my green card process. At no point was I blind-sided by anything. Simply amazing!" - Leon B. Jersey City,

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