Just because a person was not born in the United States, they should still be able to enter the country to start a business. This is where the EB-5 Immigrant Investor Program can help. Under this program, business owners, their spouses, and their children under 21 years old can apply for a visa and then a green card, giving them permanent residence in the United States. These business owners cannot just decide that they are going to try to start a business and apply for a visa. They would need to meet certain criteria.
First, the business owner would need to ensure that they will make a minimum investment in a commercial enterprise in the US. Second, the business owner would need to ensure that the business will create at least 10 full-time positions for United States workers.
Unfortunately, the application process to get a visa can be complicated. Fortunately, the business owner can get help from a lawyer who specializes in visas and immigration. If they want to handle the process on their own, there are a few things that they should know about the application process.
Documentation Will Be Required
The United States Immigration office is not going to believe every person who claims that they can start a successful, legal business in this country. They are going to want proof to back up their claims. First, the application will need to provide documentation that they are actually going to be investing in a commercial enterprise when they arrive in the United States. Next, immigration officials are going to want to know where the money came to start the business. Immigration does not want foreigners to come to the US and start a business with money that was obtained illegally. Therefore, the applicant must prove where the money for the initial investment came from. Finally, the applicant will need to prove that the business will create at least 10 full-time jobs for United States workers. Without this documentation, the application would be denied, and the business owner would have no chance of getting a green card.
Part 3 of the Application
This part would require the application to include the exact dates that the investment became an enterprise. The bank statements would be required and if the dates don’t match up, the application would be denied. When filling out the application, the applicant should be sure to proofread it before mailing it in. Any discrepancies about the dates would question the validity of the petition.
Composition of the Investment
This part of the application is complicated and it can be confusing. If there was a time to hire an EB-5 legal expert, it would be for this section. This part of the forms asks about specific financial information. This information will be confirmed and cross-referenced by immigration. If the data that the business owner includes cannot be supported or it is contradicted, the petition would be denied.
Today, many foreigners still look at the United States as the land of opportunity, therefore, this is the place where they want to start their business. Since the visa application process can be confusing, it is important that the business owner understands the application and if they cannot, they should seek legal assistance. For more information on the confusing sections of the application, visit http://www.alllaw.com/articles/nolo/us-immigration/filing-i-526-petition-eb-5-green-card-applicants.html.
