Tag Archives: Business Immigration Lawyer US

Work Visas

Work Visas | Rothrock Immigration Lawyer | Naples | Fort Myers | Boca Raton

Work Visa USA | US Immigration Lawyer Carl Rothrock

Immigration Attorney Carl Rothrock standing in front of the bar he rebuilt after Hurricane Charlie. Carl is a licensed Florida Contractor in addition to being a licensed attorney. He understands the day to day struggles of the small business owner.

Carl Rothrock is a U.S. business immigration attorney who has successfully filed work visas for applicants from all over the world. He has offices throughout Florida, including Naples, Fort Myers, Miami, and Boca Raton. He has filed thousands of cases, including EB1, EB2, NIW, EB3, EB5, O, P, H1B, and TN applications. In addition to being a licensed attorney, Carl is also a licensed Florida Building Contractor and has developed several real estate developments throughout Florida. As a small business owner, he understands the frustrations of the small business owner. Good workers are hard to find, and they are harder to keep. Many foreigners want to achieve the American dream and will work hard to prove themselves. They bring with them richness and culture of their countries and are eager to please their employer if given a chance.

Permanent Work Visas

An employer may sponsor an employee for a permanent job. The permanent residence card is also known as a “green card.” If the petition is approved, the employee’s spouse and children under 21 may also receive green cards. There are three primary categories of business visas. The first is the “EB1,” visa. The second is the “EB2” visa. The third is the “EB3” visa. The government limits the number of visas each year in each category by country of citizenship as well as type of visa. Some of these categories require the applicant to have a job offer while others do not. Visit our pages for these visas to learn more.

Temporary Work Visas

In addition to sponsoring an employee for permanent residence, an employer may sponsor an employee to work for a temporary duration. Most categories require the employee to hold a professional degree, license, or high level of skill. Common types of temporary visas are the TN Visa, the E1 and E2 treaty visas, the L visa, the O visa, the P visa, and the H1B visa. The employee’s spouse and children under 21 may accompany the employee to the United States. Many foreigners enter the US. under the temporary work visa until they can locate an employer who will sponsor them for permanent employment. The Rothrock Law Firm has counseled many clients to achieve this goal.

Work Visas for Unskilled Laborers

The U.S. government allots a very small percentage of permanent work visas for people who have unskilled labor. If people who work unskilled jobs wish to gain permanent residents in the United States, they often enter the United States to work temporarily. Eventually, they meet and marry a U.S. citizen. Once they marry a citizen, they obtain a green card through marriage. The H2B program and the J1 Exchange program allow unskilled workers to find temporary work in the United States. At this time, it is very difficult to find permanent employment in the U.S. through a work visa for unskilled workers.

Schedule a Consultation with an Experienced Immigration Attorney Today

Carl Rothrock is an experienced Florida immigration lawyer with offices in Naples, Fort Myers, and Boca Raton, Florida. He has been licensed to practice law since 1989 and has successfully filed business visa applications for people all over the world. Mr. Rothrock is admitted to practice before all Immigration Courts in the United States. He provides representation to clients within and outside the U.S. To schedule a free initial consultation, call Rothrock Immigration Lawyer today.

Investor Visas

Investor Visas | Rothrock Immigration Lawyer | Naples, Fort Myers, Boca Raton, Miami

Carl Rothrock has counseled thousands of clients in selecting the right investor visa.

U.S. immigration attorney Carl Rothrock has successfully filed thousands of cases, including E2, L1, and EB5 investor visas. He has offices throughout Florida, including Naples, Fort Myers, Boca Raton, Miami, and Ft. Lauderdale. Miami and South Florida are continuing to develop into a coveted site for both U.S. domestic and international business. Immigrants have played a large part in this success story, by staffing, managing and owning businesses – from small start-up operations, to companies with regional and international connections. The U.S. Government recognizes the benefits of such activity and encourages it. The government provides immigration laws and policies which reward and benefit entrepreneurs and their employees. These rewards often include pathways to U.S. Citizenship for investors, managers, employees and their families.

Types of Investor Visas (Click the link to see more information).

EB5 Visa: This visa is sometimes called the “Golden Visa” because an investor can obtain a green card by investing a large sum of money. This visa currently requires an investment of $800,000 USD to $1,050,000.00 USD. The amounts change frequently and should be verified prior to applying. Depending on the type of EB5 visa selected, the investor may not need to participate in managing the business.

E2 Treaty Visa: This visa allows an investor to enter the United States with a smaller investment amount. Depending on the investor’s country of citizenship, the investor might be able to own and operate a business with an $80,000 initial investment. Although this visa does not lead to a permanent green card, it allows the investor to work in the U.S. for up to five years, and it can be renewed indefinitely.

E1 Treaty Visa: This visa allows an investor to enter the U.S. for a period of time up to five years to conduct trade. This visa does not require that an individual have an office in the U.S., nor does it require a minimum investment amount. Rather, the treaty holder must prove active trade between the U.S. and country of citizenship. Like the E2 visa, this visa does not lead to a green card, but it can be renewed indefinitely.

L1 Visa. The L1 visa is a hybrid visa between the E2 and the EB5 visas. Like the E2, it is a temporary visa with an investment amount of approximately $100,000 to $150,000 USD. However, the L1 visa is a dual intent visa. The investor can initially enter the U.S. temporarily but transition to a permanent green card by filing an EB1C visa application.

EB1C visa. This visa allows an entrepreneur to manage a company in the United States. Most applicants initially enter the U.S. on the L1 Visa. After they run their business for a year, they then apply for an EB1C visa to permanently manage the company.

Rothrock Immigration Lawyer | Experienced US Immigration Attorneys

We counsel our clients not to view US immigration policy and law as an obstacle to “get around.” Rather, we counsel our clients to be careful not to do anything short term that could jeopardize any more important, long-term goals. We counsel our clients to choose cost-effective pathways. Initially, we determine the clients’ short- and long-term goals. We then point out how the creative use of US immigration law can meet the short-term solution required, as well as provide long-term business growth management.

Our Visa approval rates worldwide provide the best evidence of our capabilities and are the envy of our competitors. We are proud to provide what is often “life changing” advice and cost-effective legal solutions to business challenges. As native South Floridians, we are also humbly proud of the part we play in the accomplishments of our clients in the community. We provide “boutique firm” U.S. visa services to accomplish each clients’ goals. If you think you may benefit from our services, please contact us for a free consultation.

H1B Visa

H1B Visa | Rothrock Immigration Lawyer | Naples | Boca Raton | Miami

Florida Immigration Lawyer Carl Rothrock files H1B visa applications.

Florida immigration lawyer Carl Rothrock files H1B Visa Applications for his clients. He has offices in Naples, Boca Raton, and Miami. The H1B allows foreign nationals to temporarily work “specialty occupations” in the U.S. A specialty occupation is one that requires, at minimum, a bachelor’s degree or enough work experience equivalent to a bachelor’s degree.

Requirements of the H1B Visa

The applicant must have a job offer.
The employer must acquire labor certification from the Department of Labor.
The job must be in a “specialty occupation.” Specialty occupations include architecture, engineering, mathematics, physical sciences, social sciences, medicine, health, education, business, law, accounting, theology, and the arts. Most occupations require the equivalent of a U.S. bachelor’s degree or higher. If the occupation requires a license, the applicant must also have a license.
H1B visas are valid for up to three years. They can be renewed for one three-year period only and then for one-year increments if the visa holder has an approved I140 petition.
In most cases, the U.S. government caps the number visas given per fiscal year. The visas are typically used up within the first week or two of eligibility period so the applicant should file his or her paperwork early.

Benefits of the H1B Visa

The H1B visa is portable, meaning the visa holder can change job or change location of job as long as the employer files an amended petition timely.
Unlike the TN visa, The H1B is a “dual intent” visa. The applicant can submit a petition for a permanent green card without jeopardizing the ability to renew the visa.
The spouse and children under 21 can accompany the H1B holder to the U.S. The child can attend public school, and the spouse can work.
H1B visas are a viable solution for Indian citizens. Indians often have to wait for more than ten years to get a permanent green card. As long as the Indian citizen has an approved EB application, he or she can continue to renew the H1B application in one-year increments until a visa number comes up.

Hire an Experienced H1B Attorney Today

Call Florida immigration lawyer Carl Rothrock today at 239-206-2363 to schedule an appointment.

EB3 Visas

EB3 Visas | Rothrock Immigration Lawyer | Naples |Miami | Florida

EB3 Visa | Florida Immigration Lawyer Carl Rothrock | Naples | Miami | USA

Carl Rothrock is a Florida immigration attorney who files EB3 visas.

Carl Rothrock is a highly qualified Florida immigration lawyer who has filed EB3 Visas for clients throughout the world. Mr. Rothrock has represented thousands of clients from over 100 countries throughout the world. EB3 visas are employment-based visas that allow foreign citizens to legally work in the United States and obtain green cards. EB3 workers comprise three categories: skilled workers, professionals, and “other workers,” which includes unskilled workers. The U.S. government issues approximately 40,000 EB3 visas per year. The number of visas are capped by country.

Types of EB3 Visas

“Skilled workers” must hold two years of training or experience.
“Professionals” must belong to a profession requiring a bachelor’s degree.
“Other workers” include unskilled laborers and skilled laborers having less than two years of experience.

Requirements of the EB3 Visa

A U.S. company must sponsor the immigrant for a job. The applicant cannot file a petition on his or her own behalf.
The U.S. Department of Labor must issue labor certification before the government will grant the visa. Labor Certification is a complicated and lengthy process. The employer must prove to the government that it is paying a fair wage to the foreign employee and that no suitable U.S. citizens are qualified to fill the job.
The foreign employee must be qualified for the job.

Advantages of the EB3 visa

The EB3 provides permanent residence in the United States to the holder, the holder’s spouse, and children under 21. Eventually, the family members can apply for U.S. citizenship.
Compared to other types of visas, the applicant does not need to prove that his or her talents are extraordinary. Rather, the applicant simply needs to prove that he or she is qualified.

TN Visa

TN VISA | Rothrock Immigration Lawyer – Naples, Fort Myers, Boca Raton

Florida Immigration Attorney Carl Rothrock files TN Visa applications

The TN visa (also called a “NAFTA visa”) allows Canadian and Mexican professionals to work temporarily in the United States. Florida immigration lawyer Carl Rothrock has successfully represented thousands of clients from over a hundred countries in visa applications, including TN applications.

TN Visa Requirements

The applicant must be a citizen of Canada or Mexico.
The applicant’s profession qualifies under the regulations as a designated TN occupation. Click this link to see the complete list of TN occupations.
Most professions require a college degree; however, a few professions do not require a degree.
The applicant must have a job offer in the United States. Additionally, the U.S. employer must pay an appropriate wage.
The applicant must prove he or she is qualified to perform the job.

Benefits of TN Visa | Rothrock Immigration Lawyer Naples, Boca Raton

Unlike the H1B visa, the U.S. government imposes no limits on the number of TNs issued per year.
The visa holder is allowed to work for a maximum of three years. Further, the TN visa holder can renew the visa in three-year increments indefinitely.
The spouse and children under 21 of the TN holder may accompany the TN holder to the United States. Although the minor child of a TN holder may attend public school in the United States, the spouse cannot work.
Canadians can apply for the TN at the border and get immediate approval without lengthy wait times.
Unlike many other work visas, the TN does not require Labor Certification from the U.S. Department of Labor.

Contact an experienced Florida Immigration Attorney Today

Immigration lawyer Carl Rothrock has practiced law since 1989 and has filed thousands of cases for clients in over 100 countries. He has offices in Naples, Fort Myers, Boca Raton, and Miami, Florida. To schedule a consultation, call the Rothrock Law Firm today.

O1 Visas

O1 Visas | Rothrock Immigration Lawyer – Miami, Boca Raton, Naples

O1 Visa | Carl Rothrock Immigration Lawyer | Miami | Naples | Boca Raton

Immigration Attorney Carl Rothrock files O1 Visa Petitions.

U.S. immigration attorney Carl Rothrock files O1 visas for people in the field of entertainment, sports, and business. The O visa allows people to enter the United States who possesses extraordinary ability in the sciences, arts, education, business, or athletics. In addition, the O visa permits people to enter the U.S. who have demonstrated a record of extraordinary achievement in the motion picture or television industry.

Types of O1 Visas

O visas comprise three categories:

The O visas allow people who hold extraordinary ability in the sciences, arts, education, business, or athletics to work in the U.S.
The O2 visa permits the artist’s or athlete’s support staff to enter the U.S.
The O3 visa allows the visa holder’s spouse and children to accompany the visa holder to the U.S.

Requirements for O1 Visa

Employer or Agent Sponsor. The O visa requires a contract with a U.S. employer or agent. An individual may not petition himself or herself.
Advisory Opinion. O visa petitions must include an advisory opinion from a trade or consulting organization or peer group. The opinion must state the individual has a reputation of extraordinary ability. If there is no applicable peer group, the applicant may substitute letters from experts in the field. The opinions or letters must prove the individual has already achieved the top level in her or his field. Click here to see the organizations who submit advisory opinions for O visa applications.
Extraordinary Ability. In order to qualify for an O temporary visa, the individual must have extraordinary ability in the arts, sciences, or athletics. Extraordinary ability can be shown in one of two ways. First, the applicant may demonstrate a one-time achievement such as an Olympic Medal, Academy Award, or Nobel prize or Grammy. Alternately, the applicant may show national or international recognition. In July of 2022, the U.S. government found that a competitive government grant for STEM research may be considered a factor in demonstrating extraordinary ability.

O Visa Attorney | Rothrock Immigration Lawyer

To schedule a consultation, call Rothrock Immigration Lawyer at (239) 206-2363.

EB1 Visa

EB1 Green Card | Rothrock Immigration Lawyer | Naples | Miami | Florida | US

Carl Rothrock is Florida immigration attorney who files EB1A visas for citizens who hold extraordinary abilities.

U.S. immigration lawyer Carl Rothrock has filed thousands of cases from over 100 countries, including EB1 visa applications. A foreign citizen may apply for an EB1 visa to obtain a green card without labor certification. If USCIS approves the application, the foreign citizen and his or her spouse and children may receive permanent resident cards and can then apply for citizenship after five years. There are three categories of an EB1 visa in which the foreign citizen may apply: 1) Extraordinary Ability, 2) Outstanding professors and researchers, and 3) Multinational managers or executives.

EB1Visa for Aliens of Extraordinary Ability (EB1A) | Rothrock Immigration Lawyer Miami, Naples, Fort Myers, Boca Raton

In order to qualify for an EB1 visa as an “alien of extraordinary ability,” the applicant must prove that he or she has an extraordinary ability in the sciences, arts, education, business, or athletics. The applicant must show that his or her achievements have been recognized in his or her respective field. An applicant must prove that he or she meets three out of ten criteria below:

Receipt of lesser nationally or internationally recognized prizes or awards for excellence
Membership in associations in the field which demand outstanding achievement of their members
Published material about the applicant in professional or major trade publications or other major media
Evidence that the applicant has been asked to judge the work of others, either individually or on a panel
Applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Authorship of scholarly articles in professional or major trade publications or other major media
Work has been displayed at artistic exhibitions or showcases
Performance of a leading or critical role in distinguished organizations
The applicant commands a high salary or other significantly high remuneration in relation to others in the field
Commercial success in the performing arts

Alternately, if the foreign citizen does not meet three of the above listed requirements, he or she can substitute a one time achievement, such as a Pulitzer Prize, Oscar, Olympic medal, etc. An employer does not need to sponsor an alien of extraordinary ability. The foreigner can file his or her own petition. USCIS does not limit the number of visas issued in this category.

EB1 Visa for Outstanding Professors and Researchers (EB1B) | Rothrock Immigration Lawyer | Naples, Fort Myers, Boca Raton

Outstanding professors and researchers must demonstrate international recognition in a particular academic field. The EB1 visa applicant must hold three years of experience in teaching or research in that academic area. In addition, the applicant must enter the United States to pursue a tenure track teaching position or a comparable research position at a university. The foreign citizen must document evidence in at least two of the following criteria:

Receipt of major prizes or awards for outstanding achievement
Membership in associations that require their members to demonstrate outstanding achievement
Published material in professional publications written by others about the alien’s work in the academic field
Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
Original scientific or scholarly research contributions in the field
Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

The applicant’s employer must file an I140 petition to sponsor the employee; however, the government does not require labor certification. If the government approves the petition, the employee and his or her spouse and children may receive permanent resident cards. USCIS does not limit the number of visas issued in this category.

EB1 Visa for Multinational Managers or Executives (EB1C) | Rothrock Immigration Lawyer Boca Raton, Miami, Naples

The employer must have employed the applicant for at least one year within the last three years outside the United States. An employee must enter the United States to continue service to this employer. In addition, the employee must have worked as a manger or executive with the employer, an affiliate, or a subsidiary. Only a U.S. employer can sponsor an employee under this category. The employer must have operated the business for at least one year as an affiliate, subsidiary, or same corporation that employed the person abroad. USCIS does not limit the number of visas issued in this category.

Choose a Qualified Immigration Attorney to Represent your Interests

Carl Rothrock, an immigration attorney in Fort Myers, Florida, has represented thousands of immigration clients from over 100 countries. He has been licensed since 1989 and is admitted to practice before the Board of Immigration Appeals and all Immigration Courts in the United States. He has offices throughout Florida, including Naples, Fort Myers, Cape Coral, Boca Raton, Miami, and Fort Lauderdale. To schedule a free initial consultation, call the Rothrock Law Firm at 239-206-2363.

L1 Visas

L1 Visas | Rothrock Immigration Lawyer – Naples, Boca Raton, Miami

L1 Visa Attorney Carl Rothrock | Naples | Miami | Boca Raton

Florida immigration attorney Carl Rothrock files L1 Visa Applications.

L1 visas allow foreign companies to transfer its executives to the U.S. to work. Florida immigration lawyer Carl Rothrock has filed numerous L1 petitions. The L1 visa allows both large and small companies to expand their business and services to the United States.

L1 Visas for Intracompany Transferee Executives or Managers

- L1(a) visas allow a manager or executive of a foreign company to work in the United States.
- The foreign company must have employed the L1A visa holder in an executive or managerial capacity continuously at least one year out of the past three years in the foreign country.
- The maximum length of the L1A visa is seven years. The government grants the initial L1A visa for one year and then renews it in three year increments.
- The L1A visa is flexible. The holder may travel back and forth between his or her home country and the United States. Unlike other types of visas, the holder is not required to live in the United States.
- The L1 visa holder’s spouse and children under 21 may also accompany the visa holder. The children may attend school, and the spouse may work.
- The L1A holder can apply for an EB1C green card after running the business for one year. The spouse and children can also get green cards.
- The government does not require labor certification for the EB1C visa.

L1 Visas for Intracompany Transferees Requiring Specialized Knowledge

L1B visas allow professional employees with specialized knowledge to work in the U.S.
The government issues the L1B visa for a maximum of five years. Usually, the initial L1B visa is issued for one year, and the extensions are issued for two years.
The L1 visa holder’s spouse and children may accompany the visa holder to the U.S. The children can attend public school, and the spouse can work.
The L1B visa is flexible. The holder may travel back and forth between his or her home country and the United States.
If the L1B visa holder wishes to apply for a green card, he or she may apply for an EB2 or EB3 green card. This process requires labor certification.

Blanket L Visas

The “L1 Blanket Petition Program” allows large multi-national companies to transfer several employees at the same time.

E2 Visa

E2 Visa | Rothrock Immigration Lawyer | Naples | Boca Raton | Miami | Ft Myers

Florida immigration lawyer Carl Rothrock files E2 Visa applications.

The E1Visa and E2 Visa are temporary business visas that allow an applicant to enter the U.S. to start a business. Carl Rothrock is an immigration lawyer in Naples, Florida, with additional offices in Fort Myers, Miami, Fort Lauderdale, and Cape Coral. The Rothrock Law Firm has successfully represented thousands of clients from more than 100 countries. Several organizations have recognized Carl Rothrock’s achievements in immigration law, including the following:

“AV Preeminent Rating,” Martindale Hubbell, the highest peer rating standard given to attorneys who are ranked at the highest level of professional excellence and ethical standards by their peers.
“Top Rated Lawyers in Florida, Immigration,” Lawyers of Distinction, as published in Forbes and the New York Times.
“Top 10 Immigration Attorneys, Florida,” Best of the Best Attorneys
“Top 10 Immigration Attorneys, Florida,” the American Institute of Legal Counsel
“Top Immigration Attorneys, Florida,” The Top 100 Lawyers
“Top Ranking Immigration Law Firms in Florida,” American Association of Attorney Advocates
“Immigration Lawyer of the Year, USA,” Lawyer Monthly’s Legal Awards.

E1 Visa Requirements

- An E1 visa allows a foreign business owner to enter the United States to conduct business.
- The United States and the foreign country must have a treaty that allows for the E-1 Visa.
- Click this link to see which countries have a treaty with the United States allowing for E-1 visas.
- The E1 visa applicant must be a citizen of the country that has a treaty with the United States.
- The E1 applicant must own a majority interest of the foreign business and/or control the operations of the business.
- The foreign business must engage in substantial trade with the United States. At least half its international transactions must be with the U.S. In evaluating substantial trade, the government will consider both the number of transactions, as well as the dollar amount of gross income.
- The E1 visa is temporary but can be renewed. The Consulate will issue the E1 visa from three months to five years, according to the terms of the individual treaty.
- The E1 holder’s spouse and unmarried children under 21 can reside in the United States with the treaty holder. The spouse can work, and the children can attend public school.

E2 Visa Requirements

The E2 visa allows an applicant to own and operate a business in the United States.
The United States and the foreign country must have a treaty that allows for the E-2 Visa.
Click this link to see which countries have a treaty with the United States allowing for E-2 visas.
The E2 applicant must be a citizen of the country that has a treaty with the United States.
The E2 visa applicant must own a majority interest in the U.S. business and/or must control the business.
The E2 applicant must manage the business. (S)he cannot simply work at the business.
The applicant must make a substantial investment, and the investment must be at risk. In other words, the applicant cannot simply put money in a business bank account.
The E-2 visa is temporary. The State Department will issue the visa anywhere from three months to five years, according to the terms of the treaty.
The E2 visa holder’s spouse and unmarried children under 21 can live with the treaty holder. The spouse can work, and the children can attend public school.

How Long Does it Take to Get an E1 or E2 visa?

If the applicant is currently outside the United States, (s)he must file the E2 visa application through the U.S. Embassy. Although wait times vary, many of the Embassies are currently taking around 4 months to interview E2 clients. The Embassies are usually issuing the visa around 1 to 2 weeks after the interview.
If the applicant is already is in the United States under another status, such as visitor status, (s)he may file an application for change of status while in the United States. The U.S. government is currently taking around 10 months to process the application. If the applicant pays an extra fee, the government will make a decision within thirty days.
The Rothrock Law Firm usually recommends to its clients to file the application through the Embassy. The Embassy issues the visa for up to five years. During the period in which the visa is valid, the E2 visa holder can travel in and out of the United States. If the applicant files the application through USCIS, the government will issue E2 authorization for up to 2 years only. Further, if the applicant leaves the United States before the 2 years ends, (s)he will not be able to re-enter the United States with E2 status.

Can the Rothrock Law Firm help me obtain E-1 and E-2 Visas if I live outside the United States?

Yes, the Rothrock Law Firm can represent you regardless of whether you live within the United States or outside the United States. The attorneys at the Rothrock Law Firm are admitted to practice before the United States Immigration Courts in all fifty states.

Prior to practicing immigration law, Carl Rothrock served as a complex litigation consultant to the defense teams of many Fortune 100 companies, including Shell Oil, British Petroleum, Chevron, Chesapeake Energy, Bank of America, UBS Bank of Switzerland, Johnson & Johnson, American Airlines and Walmart. He also acted as counsel for over 800 clients in a defective product litigation involving defective construction materials. Our attorneys have a combined 62 years of experience and have filed thousands of immigration cases.

EB5 Visa

EB5 Visa | Rothrock Immigration Lawyer | Naples | Miami |Florida

Carl Rothrock, EB5 attorney

The EB5 visa allows an investor to apply for a green card by creating a commercial business in the U.S. Carl Rothrock is a U.S. immigration attorney with more than 30 years of experience who has represented thousands of clients from more than 100 countries. In addition, Carl is a Florida state certified building contractor and has owned and operated construction companies for most of his life. He understands the ins and outs of the construction and real estate industry. His background makes him uniquely qualified to represent investors.

Requirements of EB5 Visa

The applicant must invest a minimum of $1,050,000.00. If the investment is located in an economically distressed area called a “targeted employment area,” the government reduces the investment amount to $800,000. The investment amounts change frequently.
The business must create 10 full-time jobs for US workers.
The business must be a commercial business. It cannot be a nonprofit company.
Your investment funds must be “at risk.”
You must use legal funds for your investment.

Benefits of EB5 Visa

The visa is a permanent visa and not a temporary one. The applicant, spouse, and children under 21 will receive a “green card” and can eventually apply for citizenship.
An investor can file his or her own petition without employer sponsorship.

Types of EB5 Investor visas

Direct Investment: With the direct investment, the applicant starts his or her own commercial investment and manages the company. The investor takes an active role in this type of investment.
Investment through Regional Center. With the regional center, the applicant invests in a project managed by someone else. The investor takes a passive role in this type of investment.

Frequently Asked Questions about the EB5 Visa

Can I buy a home for $2 million and rent the home? Will this qualify as a direct investment?
Answer: The government will consider this situation as a personal investment and not a commercial business. If you are using real estate as your investment, it has to be some type of commercial business, such as a hotel.
If I buy an existing business that already has employees, can I count the employees that the business already has?

Answer: In most cases, no. You have to create 10 new jobs. There is an exception if you are buying a “troubled business.” A troubled business is a business that has existed for at least 2 years and has experienced a net loss of at least 20 percent of its net worth for the 12 or 24 month period before the date the EB-5 investor filed this or her Form I-526. If the business is a troubled business, the investor may count the jobs saved as jobs created. The saved job must last at least two years.

If I am currently in the U.S. under an E2 treaty visa, can I use the investment and count the employees for an EB5 business?
Answer: Yes. You can include the amount of investment from the E2 as well as the jobs created from the project.
If I invest in a regional center and the project fails, can I get my money back?
Answer: No. When you are investing funds, they must be at risk. If the investment makes money, you will get your investment back. If the investment fails, you will lose your money. Likewise, you cannot put your funds in a checking account without spending them because they will not be considered “at risk.”
Can the source of my funds be a gift?
Answer: Yes, but the funds need to be gifted to you. The donor cannot pay the bills of the company. The donor’s funds also need to be traceable and legal.
If two people own the business and apply for the EB5 visa, does the business need to create 10 jobs or 20?
Answer: In this case, the business would need to create 20 jobs. Each investor needs to create 10 jobs.
I am concerned with the “at risk” requirement. What happens if I spend the money but my EB5 application gets denied?
Answer: You can place your funds in an escrow account with an escrow agreement that your funds will be returned if the government denies your application. The escrow agreement is not the same as putting your funds in a checking account that you control.

An EB5 investor visa allows a foreign investor to obtain a permanent green card through investing in property that will create jobs and benefit the U.S. economy. The Rothrock Law Firm are experienced immigration attorneys who file EB-5 investor visas. If you wish to schedule a consultation, call today at (239) 206-2363.