My company has been operating for 1 year, can I use the EB-5?

The EB-5 visa is a program that offers an opportunity for foreign investors to obtain permanent residency in the United States through a significant investment that, in general, must create at least 10 full-time jobs for U.S. workers. This path is quite attractive but involves strict requirements, both financial and related to job creation, which need to be evaluated according to the investment project.

In the specific case of your company, the operating time – one year, for example – does not, in principle, prevent the use of EB-5. What really matters is whether the investment made in the business meets the program’s requirements, particularly regarding the creation of the necessary jobs and the structuring considered ¨new¨ or restructured to qualify under the rules.

Often, companies already in operation can be eligible, as long as the EB-5 investment application is capable of boosting the expansion of the enterprise and fulfilling all legal requirements established by the United States government.

It is essential to carefully analyze the investment project: the funds invested must be placed in a qualified enterprise and must be accompanied by a robust business plan demonstrating the viability of job creation.

It is worth remembering that the rules can be quite specific, and small changes in the corporate structure or in the type of investment can affect the case’s eligibility.

Given the high level of complexity of this process, it is very important to respect all U.S. immigration laws and guidelines, in addition to seeking the assistance of specialized consultants-avoiding risks such as scams or marketing campaigns that promise easy results.

It is recommended to consult a qualified professional to analyze, in a personalized manner, whether your case fits the criteria required by the EB-5 visa and to guide you through all stages of the process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.