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High net worth investors and their families may be able to access a Fifth Preference Employment Based Immigration status, or US green card, with a certain commitment of capital. A Tampa EB-5 visa lawyer from Brown Immigration Law can help you understand what is a qualifying investment, as well as how to apply for a visa that can allow you and your family to immigrate lawfully to the United States.
What Is the EB-5 Visa?
The EB-5 Visa is a pathway for immigration created by Congress in 1990 to stimulate economic growth. With a qualifying investment, you can apply for permanent resident status (your green card) as an investor and include your spouse and any unmarried children under 21 years of age in your filing.
The “Gold Card” Visa
President Trump has discussed replacing the EB-5 Program with the “Gold Card Visa” at a higher investment rate of $5 million. The new program would come with additional tax benefits and an expedited path to citizenship. Launching the “Gold Card Visa” would require Congress to change and regulate existing immigration laws, so at this time it is not law.
Requirements for Obtaining an EB 5 Visa
Under the EB-5 Visa Program, investors can apply for lawful permanent residence if they:
- Make a commercial investment ranging from a minimum of $800,000 to $1,050,000 in the United States
- Plan to create or preserve at least 10 permanent, full time jobs for qualified US workers
In order to qualify to receive an investment, the US commercial enterprise must:
- Be a lawful enterprise designated for-profit
- Be created either after November 29, 1990, or
- Be created on or before November 29, 1990 and either purchase and restructure an existing business or expand by at least 40% increase due to the investment (calculated by either net worth or number of employees)
- Offer full-time employment of at least 35 hours per week to US citizens, permanent residents, or other legal immigrants (not including immediate family members of the investor)
In the case of troubled businesses, an EB-5 investor may maintain existing US jobs at current levels for at least two years, regardless of expansion and still qualify for a visa. In this case, the business in question must have existed for at least two years prior and must have incurred a net loss of at least 20% of the business’s worth in the 12 to 14 month window prior to filing for EB-5.
About Your Financial Investment
Any commitment of capital for an EB-5 visa must be made with the understanding that the investment is put at risk in the marketplace expressly for the purpose of creating a return. Because of this, cash or property investments may qualify whereas loans, bonds, and convertible debt will not. All real, personal, and tangible assets will be valued at fair-market rates in US dollars. It is important to note that maintaining a private residence in the US, regardless of cost, will not qualify the owner for an EB-5 visa.
Some examples of qualifying financial investments for employment-based immigration include:
- A deposit of a minimum investment into a company’s bank account, without a promise to repay the investor
- A deposit into an escrow account subject to USCIS approval
- Purchase and transfer of requested assets to a company
- Property, cash, collectibles or real estate
- A promissory note, in certain circumstances
Note that there are many scams out there that try to take advantage of immigrant investors wishing to qualify for an EB-5 visa. At Brown Immigration Law, one of our immigration attorneys in Tampa can thoroughly vet any and all elements of your application to ensure that no element will be flagged as fraudulent. This allows us to protect our clients’ interests in more ways than one. Additionally, any assets required either indirectly or directly through criminal activity, including family criminal connections, are not eligible for EB-5 investment.
EB-5 Regional Centers Near Tampa
In Florida, about one-third of all entrepreneurs are immigrants, boasting about $13.2 billion in business value added to the state’s economy. EB-5 Regional Centers offer a shortcut for new immigrant investors by coordinating approved investments in certain areas. Regional centers also must maintain an annual fee under the 2022 Act that is assessed for the EB-5 Integrity Fund. Some examples of qualifying regional centers near Tampa, FL include:
| Name of Center ALC Southeast, LLC Civitas Southeast Regional Center LLC Smith Central Atlantic Regional Center, LLC American EB5 Regional Center American Lending Center Florida LLC EB5 for Florida Regional Center, LLC American Opportunity Regional Center LLC American Venture Solutions Regional Center | ID Number ID: RC2200000218 ID: RC2300003501 ID: RC2200000367 ID: ID1525452903 ID: RC2200000134 ID: ID1031910192 ID: RC2300002640 ID: RC2200001124 |
Approval of EB-5 regional centers does not mean that they are no risk. Investors should still consult with an immigration attorney to ensure that their regional center follows US securities laws as well as USCIS guidelines.
Targeted Employment Areas Near Tampa
Investment amounts can vary depending on where the qualifying business is located. For instance, in some areas designated as rural, or that have experienced high unemployment (defined as at least 150% the national average), the minimum capital investment amount can be as low as $800,000, and include some infrastructure projects. Tampa, FL offers some Targeted Employment Areas (TEAs) that can offer additional value to investors when they invest in qualifying high unemployment areas. Examples include areas of Hillsborough County, St. Petersburg, and Clearwater.
Why Foreign Investors and Entrepreneurs Should Consider EB5 Visas
EB5 visas are often a convenient method for entrepreneurs and foreign investors to immigrate more on their own terms. By providing a qualifying capital investment, investors can bolster American businesses while generating additional value for themselves and their families. An EB5 visa can fast track immigration with the help of an experienced lawyer.
Additional Services for Investors and Entrepreneurs in Tampa
For investors already located in Tampa, Fl, Brown Immigration Law can assist with additional needs such as EB-5 compliance, adjustment of status, family-based immigration, and citizenship. Our firm collectively has more than ten decades of experience handling immigration law cases under multiple administrations. We have assisted our clients with crossing any number of hurdles put in place by the Department of Homeland Security (DHS), the State Department, and US Citizenship and Immigration Services (USCIS). If you need comprehensive help regarding an immigration matter, Brown Immigration Law is an authority you can trust.
Do You Have an Immigration Attorney Near Me?
Brown Immigration Law is located at the start of the Tampa Riverwalk, at 400 N. Ashley, Suite #1900. Kiley Gardens sits on one side of our building, and there’s a parking garage on the other side. For your convenience, we maintain additional offices in Orlando, Durham, NC, Columbus, OH, and Cleveland, OH.
Contact Our EB-5 Visa Attorneys in Tampa Today
Contact Brown Immigration Law for help with compliance and application for an EB-5 visa today. Our EB5 visa lawyers have over ten decades of experience in helping entrepreneurs invest in the Tampa area and streamline their path to citizenship. Serving Florida, North Carolina, Ohio, and clients nationwide.
Providing immigration solutions in Florida, Ohio, and North Carolina. Contact us today for a personalized consultation.
