Can I apply for the EB-5 visa by establishing and investing in my own business?
I am the co-founder of a start-up in my home country. I plan to move to the United States and establish my business in the American market. Can I apply for the EB-5 visa by establishing and investing in my own business? When would I have to file my EB-5 application?
Yes, you may invest directly in your own business by establishing a new commercial enterprise in the United States that will engage in a for-profit business activity and create employment for at least 10 full-time (at least 35 hours a week) permanent jobs in the United States. If a new commercial enterprise is not in a rural or targeted employment area, then the required minimum investment is $1 million rather than $800,000. The new commercial enterprise must have a comprehensive business plan and otherwise qualify for the EB-5 program, and you must invest or be in the process of investing the capital and prove lawful source of investment funds prior to filing the I-526 petition with USCIS. Please consult an experienced EB-5 immigration attorney who would be able to guide you and also connect you to a team of professionals, such as a business counsel, CPA, business plan writer, etc.
How long do the EB-5 investors wait for their immigrant visa?
From 1.5 to 2 years.
What are direct and indirect investments?
Direct EB-5 Investment: Establishing new businesses or acquiring existing ones in the United States. This investment needs to create 10 full-time jobs in 2 (two) continuous years for U.S. permanent residents or citizens (not including spouse and children of the investors).
Indirect EB-5 Investment: The investors invest in EB-5 projects (through Regional Centers) that are licensed by the U.S. government. The investors don’t have to manage their investment daily. And this investment is paid back 100% with interest after 5 years.
If I invest more than the requirement, does my EB-5 petition get priority?
As an EB-5 investor, can my adopted children go to the U.S with me? If so, what are the requirements?
Yes. You have to prove that your children were legally adopted 2 years before filing the EB-5 petition with the U.S. Citizenship & Immigration Services.
Can I still keep my Vietnamese citizenship along with the U.S. citizenship and continue to do business in Vietnam?
investors and their family members have to stay in the U.S. while having their conditional green cards processed?
Optional. They can go back to Vietnam at any time, but they should stay inside the U.S. for at least 6 months each year.
Has EB-5 Visa been refused by the Consulate General of the United States at Ho Chi Minh city to be used for study, travel and business?
No. EB-5 visa is an immigrant visa. Therefore it is completely different from the non-immigrant visas for study, travel and business. EB-5 Visa is considered the official invitation from the U.S. government inviting foreign investors to immigrate in the U.S.
How many countries in the world is the EB-5 program being promoted?
In 48 countries, including Vietnam.
Are the EB-5 Visas issued by the U.S. Consulate General in HCMC equivalent to the conditional green cards?
When can the EB-5 investors and their family members apply for U.S. citizenship after obtaining EB-5 visa?
After 5 years.
Will my status as a green card holder be affected if I stay for more than six months outside the U.S. while I do business?
By law, the EB-5 investors should not leave the U.S. for more than 6 months in a year. However, if you cannot stay in the U.S. as required, you should apply for a re-entry permit before leaving the U.S. to avoid difficulties when returning to the U.S.
Does having a green card limit the number of times I can go back to Vietnam?
No. You can go back to Vietnam anytime you wish to but, you should stay in the U.S. for at least 6 months in a year.
If the investors have businesses and personal bank accounts in foreign countries, will the U.S Citizenship & Immigration Services accept the investment transferred from bank accounts to the U.S. EB-5 projects?
If I have my EB-5 visa processed, is my sponsor petition affected?
If my EB-5 petition was denied, will my sponsor petition or other visas be affected?
If my son’s his EB-5 petition is being processed while he studies in the U.S., does he need to come back to Vietnam?
No. Our attorneys will change his status while he is in the U.S.
Other than being over 18 years old with a proof of financial stability without any criminal record, does the investor need to have a college degree and a proof of English fluency?
No. EB-5 investor is not required to have diplomas, English fluency, and management experience.
Currently, I am single. If I get married just before filing my EB-5 petition, can my spouse go to the U.S. with me?
How much tax should an EB-5 investor pay?
It depends on the marital status of the EB-5 investor. The average tax is 10% to 20% per investment income.
When can the EB-5 investors pull out their EB-5 investment?
After 05 years.
Why do EB-5 visas get denied?
When the EB-5 investor doesn’t have enough documents to prove financial source or he/she provides too little information.
Once my L-1 petition is approved, can I form a new corporation and purchase a new business under the new corporation?
Yes, you may purchase new business, as long as long it is done under the same corporation name. You may not change employers or corporation without filing a new L-1 petition.
Can I move L-1 employees to different sites around the U.S.?
Yes, you may move L-1 employees to different sites provided they remain under your management and control.
Is there a requirement to pay L-1 workers the ‘prevailing wage’?
No, there is no such requirement, but paying L-1 workers significantly below the prevailing wage or the wages of your U.S. resident staff is likely to result in the USCIS viewing your petition unfavorably. It could also result in investigations by the USCIS or Department of Labor.
What happens if my employer fires me while I am in the U.S. on an L-1 visa?
You have a short grace period in which you may look for a new job, and have it approved by the USCIS. Barring that, you need to return to your home country
If I have worked as a Manager in a key position for a company or corporation in my country do I qualify for L-1 visa?
Yes, if your company can send you to the U.S. to work for a branch office, subsidiary or affiliate, or to open and manage a franchise or non-franchise business.
What is L1 Blanket petition?
The L1 Blanket petition is a procedure through which a very large company can pre-qualify to transfer their L-1 employees. Once the L1 Blanket is approved, the company can transfer people to the U.S. quickly and on short notice without having to file a petition with
Green Card: EB-5 is Suitable For:
- Foreign entrepreneurs who invest $500,000 in a commercial enterprise in a targeted employment area that will benefit the U.S. economy and create at least 5 full-time U.S. jobs
- Foreign entrepreneurs who invest $1,000,000 in a commercial enterprise that will benefit the U.S. economy and create at least 10 full-time U.S. jobs
- Immediate family members of EB-5 foreign entrepreneur visa applicants
Immigration Service Includes:
- Full Review of your personal circumstances
- Confirmation that the Green Card: EB-5 is appropriate for you
- Checklist of documents that you need for your
Green Card: EB-5
- Accurate preparation of your visa application
- Submission of your visa application to the proper government agencies
- Careful co-ordination of all correspondence with government agencies
- Expert advise on how to handle yourself at your Consular or USCIS interview, and what to expect
- Online access to your case status
- Unlimited personal communication with your own VisaPro immigration attorney
- Fast, easy and secure processing through your personal online VisaPro account
Why Use VisaPro Immigration Service?
- Process your visa online: Fast, Easy & Secure
- Experienced immigration attorneys prepare and file your case
- Avoid costly mistakes and subsequent delays with the USCIS
- Track the progress of your case online: 24 hours a day
- Access to legal advice from the comfort of your home or office
- Send unlimited case questions to your VisaPro attorney and receive timely responses online
- Low, flat fee – No hidden costs
Is there any limit on the number of L-1 visas available in a year?
No, there is no annual cap on the number of L-1 visas.
What benefits will I get by applying for L-1 visa when compared to E-2 treaty investor visa?
The two major benefits of L-1 visa over E-2 visa are:
• L-1 petition gets approved in the U.S. unlike the E-2 visa
• L-1 status allows you to legally apply for a Green Card. On E-2 visa you can apply, however, it is much more difficult
Can I work for any other company other than the company that sponsored my L-1 visa?
No, you may not be permitted to work for a company other than the one that has sponsored your L-1 visa.
Can my dependents work in the U.S. on L-1 visa?
L-2 spouse of an L-1 visa holder can now obtain a general Employment Authorization. This employment authorization must be applied for separately, though. The L-2 child is not permitted to work.
Can I come to the U.S. on a visitor visa or Visa Waiver while the L-1 petition is being processed?
This is possible but not advisable. Under no account should you risk putting in jeopardy the issue of an L-1 visa by engaging in anything that might be construed as work. This could lead to your being accused of visa-fraud either on entry to the U.S. with a visitor visa/visa-waiver or when you apply for an L-1 visa at the U.S. consulate in your own country
What is the definition of a Manager for L-1 visa purpose?
The definition of manager for L1 visas includes an employee who manages an essential function of the business within a qualifying organization. A special definition of Manager applies when you are coming to set up a new U.S. office or purchase a new business. The USCIS regulations provide that in a new office situation it must be shown that the new office will be able to sustain a Manager or Executive transferee within one year of approval of the petition. This may be done through submission of a statement by the employer to the USCIS including:
• Proposed nature of the office, describing the scope of the entity, its organization structure, and its financial goals
• Size of the U.S. investment and the financial ability of the foreign entity to remunerate the L-1 beneficiary and to commence doing business in the U.S.
Can I transfer or change jobs on an L-1 visa?
Yes. A foreign national in the US on an L-1 visa is limited to working in L-1 status for a qualifying member of the multinational group (parent, subsidiary, sister, branch, or affiliated company) that sponsored him or her. If the individual entered the US on a regular L-1 visa the USCIS must be notified of any change in employment. If the individual entered the US on a Blanket L-1 they may move between any of the group members listed on the Blanket L without further notification to the USCIS. Any employment outside of a qualifying member of the multinational group will require a different type of visa.
What is the visa status given to the dependents of a L-1 visa?
L-1 visa is issued to the dependents of US L1 visa holders. Dependents include the spouse and children below 21 years of age.
DISCLAIMER: the information frown of this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationships. All questions you post will be available to the public; don no include confidential information in your question.