Tag Archives: E2 lawyer Naples

E2 Visa Czech Republic

Rothrock Immigration Lawyer files E2 applications for Czech citizens

Czech Republic E2 visa

E2 Visa Czech Republic. Naples immigration attorney, Carl Rothrock, files E2 treaty visa applications for citizens of the Czech Republic wishing to enter the United States. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

Czech Republic E2 treaty visa requirements

Czech citizens must control the majority ownership or control of the investing or trading company.
A Czech citizen must file the E2 application.
An E-2 visa is temporary. The Embassy can issue an E2 visa for a maximum of five years.
The U.S. Embassy in Prague processes E2 treaty visas for Czech applicants.
Each E2 treaty country has specific requirements for eligibility. Click this link to see the specific requirements for E2 treaty visa for the Czech Republic.

Spouse and Child of the E2 Treaty Applicant

Spouse of an E2 treaty applicant is eligible for an E2 derivative visa. The E2 derivative visa allows the spouse to work in the United States.
Children under the age of 21 of the E2 treaty applicant are also eligible for an E2 derivative visa. Children may attend school in the United States but cannot work in the U.S.

Select an Experienced Immigration Lawyer to file your E2 Visa Application

Applying for an E2 visa is a complicated process. Carl Rothrock is an experienced immigration lawyer in Naples, Florida. He has been licensed to practice law since 1989. He has successfully filed E2 treaty applications on behalf of investors from all over the world. Mr. Rothrock is admitted to practice before all Immigration Courts in the United States as well as the Board of Immigration Appeals. He provides representation to clients within and outside the U.S. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 330-2534.

E2 Treaty Visa France

E2 Visa France | Rothrock Immigration Lawyer | Naples | Ft Myers | Cape Coral

American immigration lawyer Carl Rothrock files E2 applications for French citizens.

E2 Treaty Visa France. Fort Myers immigration attorney, Carl Rothrock, files E2 treaty visa applications for citizens of France wishing to enter the United States. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

E2 treaty visa requirements for France

Citizens of France must control the majority ownership or control of the investing or trading company.
Only French citizens can file the E2 application.
An E-2 visa is temporary. The Embassy in Paris can issue an E2 visa for a maximum of five years.
The U.S. Embassy in Paris processes E2 treaty visas for French applicants.
Each E2 treaty country has specific requirements for eligibility. Click this link to see the specific requirements for E2 treaty visa in France.

Family members of E2 Treaty Applicants

Family members of the E2 treaty applicant can obtain an E2 derivative visa.
Spouses of E2 treaty holders can apply for work permits, and children under 21 may attend school in the United States. Spouses need not work for the E2 company. They can work for any company that accepts applicants with work permits.

Choose a Qualified Immigration Attorney to file your E2 Visa Application

E2 applications require high skill and knowledge. Carl Rothrock is an experienced immigration attorney in Fort Myers, Florida. He has been licensed to practice law since 1989. He has successfully filed E2 treaty applications on behalf of investors from all over the world. Mr. Rothrock is admitted to practice before all Immigration Courts in the United States as well as the Board of Immigration Appeals. He provides representation to clients within and outside the U.S. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 206-2363.

Belgian E2 Treaty Visas

E2 Visa Belgium | Rothrock Immigration Lawyer Naples | Ft Myers | Cape Coral

Florida immigration lawyer Carl Rothrock files E2 visas for citizens of Belgium.

Belgian E2 Treaty Visas. Carl Rothrock, Cape Coral immigration lawyer, files E2 treaty visas for Belgian citizens wishing to enter the United States. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture. The Rothrock Law Firm has represented thousands of clients from over 100 countries and has additional offices in Naples, Ft. Myers, and Boca Raton, Florida.

E2 Treaty Visa Requirements for Belgium

Belgian citizens must control the majority ownership or control of the investing or trading company.
Only Belgian citizens can file the E2 application.
E2 visas are temporary. The Embassy in Brussels can issue an E2 visa for a maximum of five years.
The U.S. Embassy in Brussels processes E2 treaty visas for Belgian applicants.
Each E2 treaty country has specific requirements for eligibility. Click this link to see the specific requirements for E2 treaty visa in Belgium.

Spouses and Children of E2 Treaty Applicants

A spouse and/or a child under age 21 of an E2 holder can obtain an E2 derivative visa.
The derivative visa allows a spouse to apply for a work permit. This visa also permits a child under 21 to school. The child cannot work, even if the child has already completed school.

Consult an Experienced Immigration Lawyer to file your E2 Visa Application

Brussels has very specific guidelines in adjudicating an E2 visa application. Attorney Carl Rothrock is an experienced immigration lawyer in Cape Coral, Florida. He has been licensed to practice law since 1989. He has successfully filed E2 treaty applications on behalf of investors from all over the world. Mr. Rothrock is admitted to practice before all Immigration Courts in the United States as well as the Board of Immigration Appeals. He provides representation to clients within and outside the U.S. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 206-8252.

E2 Visa Italy

Florida immigration lawyer Carl Rothrock files E2 visa applications for Italian citizens.

E2 Visa Italy. Carl Rothrock, Naples immigration lawyer, files E2 treaty visa applications for Italian citizens wishing to enter the United States. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

E2 treaty visa requirements for Italy

Italian citizens must control the majority ownership or control of the investing or trading company.
An Italian citizen must file the E2 application.
E2 visas are temporary. The Embassy can issue an E2 visa for a maximum of five years.
The U.S. Embassy in Rome processes E2 treaty visas for Italian applicants.
Each E2 treaty country has specific requirements for eligibility. Click this link to see the specific requirements for E2 treaty visa in Italy.

The Families of E2 Treaty Applicants

The families of an E2 holder can obtain an E2 derivative visa.
A spouse of an E2 holder can apply for a work permit, and a child under 21 can attend school. The spouse does not have to work for the E2 company. The spouse can work for any eligible employer.

Seek a qualified Immigration Attorney to file your E2 Visa Application

Every embassy has specific guidelines in considering an E2 visa application. Attorney Carl Rothrock is an experienced immigration attorney in Naples, Florida. He has been licensed to practice law since 1989. He has successfully filed E2 treaty applications on behalf of investors from all over the world. Mr. Rothrock is admitted to practice before all Immigration Courts in the United States as well as the Board of Immigration Appeals. He provides representation to clients within and outside the U.S. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 330-2534.

E2 Treaty Visa Canada

E2 Visa Canada | Rothrock Immigration Lawyer | Naples | Ft Myers | Cape Coral

Carl Rothrock is a Naples immigration lawyer who files E2 Visa Applications for Canadian citizens.

E2 Treaty Visa Canada. Florida immigration lawyer Carl Rothrock files E2 visa applications for citizens of Canada wishing to enter the United States. He has additional offices in Fort Myers and Cape Coral. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

E2 treaty visa requirements for Canada

Canadian citizens must control the majority ownership or control of the investing or trading company.
A citizen of the Canada must file the E2 application.
An E-2 visa is temporary. The Embassy can issue an E2 visa for a maximum of five years.
The U.S. Embassy in Toronto processes E2 treaty visas for Canadian applicants.
Each E2 treaty country has specific requirements for eligibility. Click this link to see the specific requirements for E2 treaty visa in Canada.

Child and Spouse of E2 Treaty Applicants

The child and spouse of an E2 holder can obtain an E2 derivative visa.
A can apply for a work permit, and the child can attend school if they hold E2 derivative visas. The spouse does not have to work for the E2 company. The spouse can work anywhere in the United States that permits work authorization.

Hire an Experienced Immigration Lawyer to file your E2 Visa Application

Each embassy has its own procedures for submitting an E2 application. Carl Rothrock is an experienced immigration lawyer in Fort Myers, Florida. He has been licensed to practice law since 1989. He has successfully filed E2 treaty applications on behalf of investors from all over the world. Mr. Rothrock is admitted to practice before all Immigration Courts in the United States as well as the Board of Immigration Appeals. He provides representation to clients within and outside the U.S. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 206-2363.

E2 Visa United Kingdom

UK E2 Visa | Rothrock Immigration Lawyer | Naples | Fort Myers | Cape Coral

Naples attorney Carl Rothrock files E2 visa applications for UK citizens.

E2 Visa UK. Carl Rothrock, immigration attorney in Cape Coral, Florida, files E2 treaty visa applications for citizens of the United Kingdom wishing to enter the United States. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

E2 treaty visa requirements for the U.K.

Citizens of the U.K. must control the majority ownership or control of the investing or trading company.
A citizen of the United Kingdom must file the E2 application.
An E-2 visa is temporary. The government can issue it for up to 5 years. The Embassy in London typically issues the initial visa for up to two years only and renewals for up to five years.
The U.S. Embassy in London processes E2 treaty visas for U.K. applicants.
Each E2 treaty country has specific requirements for eligibility. Click this link to see the specific E2 treaty requirements for the United Kingdom.

Spouse and Children of E2 Treaty Applicants

An E2 holder’s spouse and children under 21 can obtain an E2 derivative visa.
Further, a spouse can apply for a work permit, and the children can attend school if they hold an E2 derivative visa. The spouse does not have to work for the E2 company. The spouse can work anywhere in the United States that permits work authorization.

Let an Experienced Immigration Lawyer file your E2 Visa Application

Filing an E2 application is a very complicated process. Each embassy has its own procedures for submitting an E2 packet. Carl Rothrock is an immigration lawyer in Cape Coral, Florida. He has additional offices in Naples and Fort Myers. Mr. Rothrock has been licensed to practice law since 1989. He has successfully filed E2 treaty applications on behalf of investors from all over the world. Mr. Rothrock is admitted to practice before all Immigration Courts in the United States as well as the Board of Immigration Appeals. He provides representation to clients within and outside the U.S. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 206-8252.

E2 Treaty Visa Sweden

E2 Visa | Sweden | Rothrock Immigration Lawyer | Naples | Fort Myers | Cape Coral

Naples immigration lawyer Carl Rothrock files E2 treaty visas for Swedish nationals.

E2 Treaty Visa Sweden. Carl Rothrock, immigration lawyer in Naples, Florida, files E2 treaty visa applications for Swedish citizens wishing to enter the United States. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

E2 treaty visa requirements for Sweden

Swedish nationals must control the majority ownership or control of the investing or trading company.
A citizen of Sweden must file the E2 application.
An E-2 visa is temporary. The Swedish Consulate issues an E2 visa to a Swedish citizen for a maximum of 2 years. The length of time issued is solely the judgment of the consular officer deciding the case.
The U.S. Embassy in Stockholm processes E2 treaty visas in Sweden.
Each E2 treaty country has specific requirements for eligibility. Click this link to see the specific E2 treaty requirements for Sweden.

Families of E2 Treaty Applicants

The child under age 21 and the spouse of the E2 visa holder can obtain an E2 derivative visa.
In addition, a spouse can apply for a work permit, and the children can attend school if they hold an E2 derivative visa. The spouse does not have to work for the E2 company. The spouse can work anywhere in the United States that allows work authorization.

Let an Experienced Immigration Attorney file your E2 Visa Application

Filing an E2 application is a very complicated process. Each embassy has its own procedures for submitting an E2 packet. Carl Rothrock is an immigration attorney in Naples, Florida. He has been licensed to practice law since 1989. He has successfully filed E2 treaty applications on behalf of investors from all over the world. Mr. Rothrock is admitted to practice before all Immigration Courts in the United States as well as the Board of Immigration Appeals. He provides representation to clients within the United States and outside the United States. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 330-2534.

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 4 to 9 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 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. Many of our clients reside abroad when they hire us.

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 65 years of experience and have filed thousands of immigration cases.

About Us

About Us: Rothrock Immigration Lawyer | E2 Visa | L Visa | EB2NIW | Naples | Boca Raton | Miami | Florida | USA

Carl Rothrock: Licensed for 35 years

Carl Rothrock is an immigration attorney with offices in Fort Myers, Cape Coral, Naples, Miami, Boca Raton, and Fort Lauderdale, Florida. He has thirty-five years of experience practicing law and has represented thousands of clients from over 100 countries. Several organizations have recognized Carl Rothrock’s achievements throughout the years.

Carl Rothrock, Immigration Attorney in Ft. Myers, Naples, and Miami

“AV Preeminent Rating by Martindale-Hubbell.” For more than 130 years, Martindale-Hubbell has been evaluating attorneys for their strong legal ability and high ethical standards through a Peer Review Rating system. Martindale Hubbell has rated Carl Rothrock as AV Preeminent®, which is the highest peer rating standard. This is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.

“10 Rating” by Avvo. Avvo.com is an online marketplace for legal services, that provides lawyer referrals and access to a database of legal information consisting primarily of previously answered questions. The Avvo Rating is the company’s effort to evaluate a lawyer’s background based on the information available in an attorney’s Avvo profile. The company gave Carl Rothrock a “10” rating, which is its highest rating.

Some of Carl’s other recognitions include the following:

“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 10 Immigration Attorneys, Florida,” Attorney and Practice Magazine
“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.

Carl Rothrock is admitted to practice before all immigration courts in the United States and the Board of Immigration appeals. In addition, he is admitted to practice before the Southern District Court of Texas. He is licensed by the State Bar of Texas.

Mr. Rothrock represents clients in family, business, and investment immigration matters. Prior to practicing immigration law, he 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.

Mr. Rothrock is also a licensed Florida residential building contractor with project management expertise in residential, commercial and marine site development and construction. He is a subject matter expert in defective products and construction defects and has testified as an expert in construction defect trials. He has acted as counsel for over 800 clients in a defective product litigation involving defective construction materials.

Always one to work hard, Mr. Rothrock attended Florida Atlantic University on a full scholarship while working two jobs. He attended South Texas College of Law while maintaining full time employment. He clerked for Judge Louis Moore in Houston, Texas, before entering private practice.

Mr. Rothrock is a member of the American Immigration Lawyers Association and the Academy of International Business. He enjoys scuba diving, boating, and rescuing animals.

Radha Rothrock: Immigration Lawyer licensed for 30 years

Radha Rothrock, Immigration Attorney in Fort Myers, Naples, and Miami

Radha Rothrock is an immigration attorney licensed in Florida and Texas. Ms. Rothrock has been licensed to practice law by the Supreme Court of Texas since 1995 and the Supreme Court of Florida since 1999.

Radha Rothrock has received numerous awards and recognition for her legal work, including the following:

Martindale Hubbell has rated Radha Rothrock as AV Preeminent®, which is the highest peer rating standard. This is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.

“10 Rating” by Avvo. Avvo.com is an online marketplace for legal services, that provides lawyer referrals and access to a database of legal information consisting primarily of previously answered questions. The Avvo Rating is the company’s effort to evaluate a lawyer’s background based on the information available in an attorney’s Avvo profile. The company gave Radha Rothrock a “10” rating, which is its highest rating.

“Top Rated Lawyers in Florida, Taxation,” Lawyers of Distinction, 2019, 2020, 2021, 2022, 2023, and 2024, as published in Forbes and the New York Times.
Named “Who’s Who in America” by Marquis Publishing.
America’s Most Honored Lawyers, 2020, (Top 5%), 2019 (Top 10%)

In addition to maintaining a private practice, Radha has served as the lead attorney for the State of Florida Department of Children and Families in Naples, Florida, where she tried termination of parental rights cases involving children that were severely abused.

She is admitted to the State Bars of Texas and Florida, the United States District Court for the Middle District of Florida, the United States Bankruptcy Court for the Middle District of Florida, and the United States Tax and Immigration Courts in all fifty states. She has been appointed by the chief judges in ten out of twenty circuit courts in Florida to handle juvenile dependency and termination of parental rights cases and has submitted appellate briefs to the Courts of Appeal in the first, second, and third districts in Florida. Several of her cases have been published.

Ms. Rothrock received her J.D. from South Texas College of Law in Houston, Texas, in 1994. The law school is nationally acclaimed for its moot court program. Ms. Rothrock was a quarterfinalist in the Leroy Jeffers Moot Court Competition while at South Texas College of Law and her appellate brief was voted top three in the competition. While at South Texas, Ms. Rothrock served as research assistant to Professor Bruce Burton and helped edit his real estate finance textbook. She received her LL.M. in Taxation from the University of Denver in 2002.

Radha maintained full time employment while obtaining her LL.M.

Ms. Rothrock’s family immigrated to the United States from India in 1967. Ms. Rothrock was the second person from her family born in the United States. She enjoys photography and rescuing animals.

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 35 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 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 independent agent, usually a title company or attorney, will hold the money in a trust account.

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.