Am I eligible to Apply for EB 5? If these are my conditions?

H

harrel

New Member
Hi there,

I'm in San Francisco on a multiple entry B1 visa which is valid upto 2 years. I have secured $500,000. I have registered a business in San Francisco and planning to launch the company.

I need to get a permanent residence. I also need to stay in US to manage my business. Can I apply for EB 5 visa while I'm in US? Can I stay in US during the EB 5 procedure takes place?

one of my friend told me that we can use comination of B1 or L1 visa with EB 5. :confused:
 
You need to do a great deal of study about EB-5 and a lot more in-depth planning. The requirements for a stand-alone EB-5 investor is normally one million dollars and must create 10 full time permanent jobs for qualifying employees excluding you, and any spouse and children.

The 1/2 million is only for high unemployment areas (150% or higher of the national average) OR a rural area, not San Francisco. Also, the full amount of money must be invested in the business and there are numerous other expenses involved. IF you have not already hired 10 full time work authorized employees THEN you need a credible comprehensive business plan that calls for the realistic need to hire 10 full time permanent employees.

Your friend is an idiot.
 
BigJoe5 said:
You need to do a great deal of study about EB-5 and a lot more in-depth planning. The requirements for a stand-alone EB-5 investor is normally one million dollars and must create 10 full time permanent jobs for qualifying employees excluding you, and any spouse and children.

The 1/2 million is only for high unemployment areas (150% or higher of the national average) OR a rural area, not San Francisco. Also, the full amount of money must be invested in the business and there are numerous other expenses involved. IF you have not already hired 10 full time work authorized employees THEN you need a credible comprehensive business plan that calls for the realistic need to hire 10 full time permanent employees.
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I can start the business in San Mateo, which comes in Targeted unemployment area according to the census, it is just 10 miles away from San Francisco.

My lawyer told me that we do not need to hire people immediately but in the course of 2 years in case of a new company, if we failed to hire, we need to give details and convince the government that the employees will be hired after the budget is used to its full extent.

I already have rented an office in 18 ave. But my B1 visa will expire in 6 months, I need to fill the form asap. One thing that I don't know is that I have to go back to my country to fill the form or I can ask my lawyer from san francisco to do all the stuff for me and I can stay on my b1 visa before it expires.

I don't wanna pay another $1000 for consultation from my lawyer. Please help me with this.
 
harrel said:
I can start the business in San Mateo, which comes in Targeted unemployment area according to the census, it is just 10 miles away from San Francisco.

My lawyer told me that we do not need to hire people immediately but in the course of 2 years in case of a new company, if we failed to hire, we need to give details and convince the government that the employees will be hired after the budget is used to its full extent.

I already have rented an office in 18 ave. But my B1 visa will expire in 6 months, I need to fill the form asap. One thing that I don't know is that I have to go back to my country to fill the form or I can ask my lawyer from san francisco to do all the stuff for me and I can stay on my b1 visa before it expires.

I don't wanna pay another $1000 for consultation from my lawyer. Please help me with this.
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You can file an I-526 while here but it is unlikely that you will get an approval (if it is approvable?) in time to file for an I-485 adjustment application. You would need to go abroad and wait for Consular Processing. From the little you have mentioned about your lawyer, you have a bad one. Depending on where you are from and E-1 or E-2 may be possible...not enough infor to tell about that possibility.

Do you have a solid, reasonable, credible, comprehensive BUSINESS PLAN that realistically calls for the hiring of at least 10 FULL-TIME PERMANENT employees, all of whom will be on your payroll and backed up with documentation of payments (W-2's and state and/or IRS quarterly wage and tax reports) and valid work authorization (verifiable I-9s)? (You, your spouse and children do not count, no unauthorized aliens count, no job of less than 35 hrs per week counts, no job that is temporary, seasonal, intermittent or transient in nature counts.) Any business plan must be believable and doable.

What kind of business is it?
 
BigJoe5 said:
You can file an I-526 while here but it is unlikely that you will get an approval (if it is approvable?) in time to file for an I-485 adjustment application. You would need to go abroad and wait for Consular Processing. From the little you have mentioned about your lawyer, you have a bad one. Depending on where you are from and E-1 or E-2 may be possible...not enough infor to tell about that possibility.

Do you have a solid, reasonable, credible, comprehensive BUSINESS PLAN that realistically calls for the hiring of at least 10 FULL-TIME PERMANENT employees, all of whom will be on your payroll and backed up with documentation of payments (W-2's and state and/or IRS quarterly wage and tax reports) and valid work authorization (verifiable I-9s)? (You, your spouse and children do not count, no unauthorized aliens count, no job of less than 35 hrs per week counts, no job that is temporary, seasonal, intermittent or transient in nature counts.) Any business plan must be believable and doable.

What kind of business is it?
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No I cannot have E1 or E2 visa, my country doesn't come in treaty program.

I have already filed I-526 and waiting for approval. I have B1B2 visa, I came to the valley to host a seminar and stayed for 3 more months and started a company. But it turns out that you cannot work with a B1 visa, you need to have an EB5 to start a business.

My lawyer said to wait for atleast 6 months and wait for consular processing. My visa is expiring in 3 months and I have an option to extend it. But if I stop for 6 months, venture capitalist won't invest in the business as it will cold down.

Yes I have a solid business plan and idea. We have planned everything, from office to hiring. My startup requires 15 jobs this year to complete the development and launch process. And we will employ more as the company grows.

The immigration process is one of the toughest challenge I'm facing in my life. There are many people from around the world who wants to start a company in US that will create jobs for american. But they can't do that due to visa troubles. Because I have earned 600,000 which I'm investing apart from VC funding in my business.

But these people raise money from Venture capitalists (VC) and they don't have personal fundings. These tiny startups have generated a massive amounts of jobs in US. But It seems like US government wants to make it damn hard to let these people create jobs and help contribute the economy.

I hope this thread help more people from the valley who are facing similar problem, yes startup visa act shows some hope but it won't help me. I need to face this distraction and lead my company.

"Don't wait for your ship to come in - swim out to it."
 
The good news is you do not need to live in the same region as the investment and get a green card for you and your family.

I'm a Licensed Real estate Broker and can help investors invest in new or existing businesses to qualify for the EB-5. I've already helped 29 clients successfully obtain the investor immigrant visas so far, and can supply references if needed. My name is Mohammed Shaikh and my mobile number is +1 407 535 0616. My broker license can be verified with the CA Department of Real Estate and my license number is 01406774

I've been a RE broker for over 7 years and have not had any complaints simply because I'm discreet and competent and avoid breaking the law to begin with. By law, a broker is required to hold client accounts separately in an escrow account, so there is no chance a broker will ever attempt to misappropriate your money as the penalty is mandatory prison sentence of 2-5 years.

As long as you do not have a criminal record and have at least a bachelors degree and are fluent in English, I can guarantee that you will get an investor visa, as I work with immigration attorneys who are experienced in investment based immigration. Investment is USD 1 million or above (USD 500,000 for rural and high unemployment areas), but the advantage to that is you are able to get bank loans for about the same amount as your investment and double the amount of capital you can deploy in your business. Your average extra costs amount to about $56,000 for licensing, attorney fees, permits, USCIS fees, etc. Approval time is 8-14 months, with an average of 10 months.

Interested? Call me and let me help you.

Mohammed Shaikh, MBA, Certified Fraud Examiner, Licensed Real Estate Broker
 
I'm now based in Kissimmee, FL and was based out of the SF Bay area before that. I'm still actively practising Real Estate in CA though.
 
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