EB-5 Visa: How can a web startup qualify for the EB-5 program?

To qualify for an EB5 visa, an investor needs to invest in a commercial enterprise in the US that will create or preserve permanent jobs for US workers. So, a web startup can qualify provided that it meets these requirements.

The commercial enterprise requirement is a lower hurdle and can be cleared pretty easily. Your company only needs to be any for-profit activity carrying out lawful business so it doesn’t seem like you will have a problem here.

You will be required to invest a substantial amount of money to qualify for an EB5. In general, the minimum investment is $1,000,000. But, in rural or high-unemployment areas of the country this minimum investment is cut in half and you can qualify by investing $500,000. This capital can be cash, cash equivalents, equipment, or other assets, but it may not be borrowed capital, it must be the investor’s own capital.

The enterprise must also create or preserve at least 10 permanent, full-time jobs for US workers within 2 years of the investor’s admission into the US. The jobs created by the enterprise generally need to be directly created by the investment although under some limited circumstances, indirect creation of jobs by the investment will work. Direct jobs are defined as actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.

I hope I answered your questions and again, as long as your web startup meets these requirements, it should qualify for an EB5 visa. Before you start the visa process though, I would suggest that you speak with an immigration attorney. An experienced attorney will be able to first advise you on your best options and then walk you through the process so that you can make sure you can meet all requirements. You can do that at LawTrades. Our legal platform has helped many foreign entrepreneurs obtain visas to set up a business in the US. Give us a visit for a free consultation w/ one of our experienced immigration lawyers. Good luck!