The American Dream: EB-5 Visa Opportunities

The American Dream is alive and well, and people across the world are fulfilling their own U.S. immigration goals through the EB-5 Visa Program.  Compared with other countries, the United States is still a safe place to invest money, raise a family and start a business.  The EB-5 visa and the various paths it offers allows immigrants to live and work anywhere in the country.  There are even passive investment opportunities for those who don’t wish to work, or would like to work someplace other than the EB-5 project they invest in.

The United States’ foundation was built by immigrant communities, and despite economic hardship across the globe, people still flock to the U.S. for better opportunities.

How can the EB-5 visa benefit you and your family?  U.S. immigration law is structured in a way that doesn’t offer many opportunities for permanent residency (green card) for people without ties to the United States.  Unless you have a relative to sponsor you, or an employer willing to sponsor you, the EB-5 visa may be your only option.

The EB-5 Visa Program allows foreign nationals the opportunity to make a qualified investment into a U.S. business in exchange for their green card.  There are no English language requirements, family ties or job offers needed.  Provided the investor invests the requisite funds they likely qualify.

What are your options for EB-5 Investments?  Most EB-5 investment opportunities offer flexible options for potential investors.  Depending on your needs and goals, you can take an active role in the project or a completely passive role.  The investment amount is $1 Million but may be reduced to $500,000 in certain designated areas.

Often, an investor wishes to fund the EB-5 investment and not worry about the day-to-day operations of the business and immigration requirements.  This is absolutely possible and encouraged by immigration attorneys.  As an EB-5 investor, you don’t want to be burdened with EB-5 compliance and immigration issues – leave those worries up to the EB-5 project management.

Once invested, you are free to live and work (or not work) anywhere in the United States. 

To learn more about the EB-5 Visa Program and how you can make your American Dream a reality, contact Kyle Barella at General Counsel, P.C., 703.556.0411, or by email at kbarella@gcpc.com.  You can visit our website at www.eb5investmentlaw.com.  Our office is conveniently located in the Washington DC Metro area.

H-1B Visa Season is Here

It’s that time of year again.  H-1B season is upon us.  U.S. companies wishing to hire foreign national employees should be gathering supporting documents and retaining an immigration attorney to file the H-1B Petition on the April 1^st opening.

The H-1B visa allows a U.S. employer to sponsor a foreign national to work on a temporary basis in the United States.  The position to be filled by the employee must be one that is considered a “specialty occupation” by the United States Citizenship and Immigration Services (USCIS).  The minimum education requirement is a degree equivalent to a 4 year U.S. bachelor’s degree.  The employer must also pay the foreign national a fair wage, also known as the prevailing wage – as determined by the U.S. Department of Labor.

While the H-1B visa may seem like a fantastic and inexpensive way to bring over foreign labor, the government places a numerical cap on the number of petitions they adjudicate.  For this reason – it’s important to establish a relationship with an immigration attorney to file a timely petition.

The numerical cap is set at 65,000 visas per fiscal year.  The first 20,000 petitions submitted by candidates with a master’s degree (or higher) are exempt from the cap.  This gives significant advantage to potential employees holding advance degrees above the bachelor level.

Once an employee obtains an H-1B visa they may begin working at their designated job.  Visas may be renewed once expired – but may not be extended beyond six years.  The acceptance for 2015 petitions begins on April 1^st.  Should USCIS receive your petition after that date, there is virtually no chance of getting an approved visa.

To learn more about the H-1B Temporary Worker Visa and how General Counsel, P.C. can assist you, contact our office today.