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Understanding the EB-5 Immigrant Investor Program

Nov 6, 2013 9:22:04 AM / by Staff Attorney

In 1990, the U.S. Congress created the Immigrant Investor Program, also known as “EB-5.” The purpose of the program is to stimulate economic growth in the United States by encouraging immigrating entrepreneurs to bring their ideas, job creation, and capital investments into the United States.

The EB-5 program sets aside certain visas for investors in “Regional Centers,” which are designated by the U.S. Customs and Immigration Service (USCIS). An experienced Los Angeles immigration attorney is essential in helping you determine if an EB-5 visa is right for you. Our EB-5 attorney can work with you throughout the process to protect your interests and secure the visa you need.

In order to qualify as an EB-5 investor, the foreign investor must invest in a “new commercial enterprise.” A new commercial enterprise is one that is established after November 29, 1990 in most cases. An enterprise established before this date may qualify if it involves the purchase and restructure of an existing business so that a new one results, or if it involves expansion resulting in a 40 percent or greater increase in the existing business’s net worth or number of employees. For more detailed information, please see our EB-5 page at http://www.immigrationhelpla.com/immigration-law/eb-5-visa.html.

The USCIS also defines a “commercial enterprise” as a for-profit activity formed in order to conduct ongoing lawful business. Nearly any type of business organization may qualify as a commercial enterprise, including sole proprietorships, partnerships, holding companies, joint ventures, corporations, or business trusts. A holding company and its wholly-owned subsidiaries also qualify, as long as each of the subsidiaries is performing ongoing lawful business activities with the purpose of turning a profit.

If you are unsure of what step to take next to protect your rights in Los Angeles, call the Immigration Law Office of Los Angeles, P.C. at (800) 792-9889 and find out more through a consultation with an experienced Los Angeles EB-5 attorney.

Topics: Investment, Visas

Staff Attorney

Written by Staff Attorney

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