EB-5 Investment Visa by opening your own business in the USA

The legal office of ACS Inc. was approached by a Client who, together with her spouse, owns a hotel, restaurant and agricultural business in her home country. She applied for the purpose of moving to the USA on an EB-5 immigration visa, which involves obtaining a Green Card and gives you the right to be a permanent resident of the United States.

After a detailed analysis of the Client situation during a consultation, the Lawyer of ACS Inc. proposed an immigration strategy by opening the Client's own business in the United States in accordance with the criteria of the EB-5 program.

Preparation of a case for obtaining an EB-5 investor visa

Work began with structuring a business for investment and preparing a business plan following all the Immigration Department criteria. For these purposes, several US companies have been registered for the Client.

In accordance with the requirement of an EB-5 visa, the minimum investment in a business project is $500,000. This requirement has been met. With the help of ACS Inc., Clients' funds were invested in her own project in the United States for the wholesale and retail trade in food, opening a banquet hall and catering services.

A problematic issue in obtaining an EB-5 immigration visa is often the confirmation of the legal origin of funds submitted for investment, as well as issues of their taxation. In the situation of the Client, legality was confirmed on the basis of profitability from her previous business and taxes, fees and obligatory payments paid by the Client according to the current legislation of her home country.

Submission and approval of the case in USCIS

It took no more than 3 months after the Client requested our services, and the work was completed on a package of documents (2 months) and a petition (1 month). The volume of the case was more than 1000 pages. In addition to the main registration documents, the following papers were presented to USCIS: financial business planning and analysis of the area in which the Client opened an American company for compliance with TEA-criteria.

The petition and the package of documents were sent to the Immigration Department in September 2017. In October 2018, the Client received a positive decision from the USCIS.

In the current period, the Client’s business is successfully developing in the USA. On a received EB-5 visa, the Client moves to America with her spouse and her child under 21. For the other two children who are over 21, ACS Inc. suggested other ways of moving to the States, in particular, L-1 visa and H-1B visa.