How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28482
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith Ludwic is online now
A new question is answered every 9 seconds

I need some information about Business Visa and what is the

Customer Question

Hello, I need some information about Business Visa and what is the criteria for it?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Are you referring to a Us business visa?

There are many different business visas. I need more information.

Who is the employer? US company? Multinational company with offices here?

What is the purpose of the entry?

What is the length of the entry?

What is the profession?

This may be the type of question that benefits best from a skype call.

Judith

Customer: replied 1 year ago.
I am referring US Business Visa. I am an Indian citizen and have H4 visa, I want to start a Business in USA.
Customer: replied 1 year ago.
How much minimum investment is required and what is the process to obtain the Business Visa?
Expert:  Judith Ludwic replied 1 year ago.

There is no such entrepreneur visa in the US.

There is a treaty investor visa but no such treaty between the US and India.

You would have to invest at minimum $500,000 in an economically disadvantaged area or $1 Million in any area of the US and employ at minimum 10 US workers for an EB5 visa.

If your spouse has an approved I-140 and you are eligible for an EAD you may be eligible for an employment authorization document and open any business you like. It would not be a means to obtaining any visa status or permanent resident status.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 1 year ago.
Please provide the list of documents required for Business Visa and When the amount should be invested and at what stage?
Also please provide start to end process.
Expert:  Judith Ludwic replied 1 year ago.

Are you referring to the EB5 and which investment aount? 4500K or $1 Million?

Judith

Customer: replied 1 year ago.
I am referring to EB5 and the $1 million amount.
Expert:  Judith Ludwic replied 1 year ago.

This is a very complex process. I am happy to provide you detailed information but it would take at least 25-30 pages to give you the detailed information needed to give a truly professional answer here.

If you are seriously intent on investing a million dollars you need to invest in a consultation with an immigration attorney who specializes in EB5 investment applications because you need to make the investment and put your $1 million dollars at risk before you file the I-526 application

Requirements

Supporting Documents (Evidence)*

New Commercial Enterprise

Evidence that you have invested in a “for profit” new commercial enterprise, which is a commercial enterprise:

  • Established after Nov. 29, 1990, or
  • Established on or before Nov. 29, 1990, that is:
    1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
    2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs

Evidence, if applicable, that your new commercial enterprise has been established and is principally doing business in a targeted employment area (TEA).

Managing the New Commercial Enterprise

Evidence that you will be actively involved in the management of the new commercial enterprise (day-to-day or through policy).

Investment

Evidence that you have invested or are in the process of investing the amount required ($1 million or $500,000).

Evidence that the investment funds were obtained through lawful means. Evidence that the capital used was legally acquired may be demonstrated by the following:

  • Foreign business registration records
  • Personal and business tax returns, or other tax returns of any kind filed anywhere in the world within the previous five years
  • Documents identifying any other source of money
  • Certified copies of all pending civil or criminal actions and proceedings, or any private civil actions involving money judgments against the investor within the past 15 years

Job Creation

Evidence that the new commercial enterprise will create at least 10 full-time positions—not including yourself, your spouse, sons or daughters, or any temporary or nonimmigrant workers, or individuals who are not authorized to work in the United States. You will need to submit a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than 10 employees will result. Include approximate dates, within the next two years, and when each employee will be hired.

* Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the creation of indirect jobs.

Job Preservation—Troubled Business

The same evidence which is mentioned above for job creation except instead of the evidence that the business will create at least 10 new jobs, you must submit evidence that:

The number of existing jobs is being or will be maintained at no less than the pre-investment level for a period of at least two years. Photocopies of tax records, Forms I-9 (Employment Eligibility Verification), or other relevant documents for the qualifying employees and a comprehensive business plan shall be submitted in support of the petition.

* Note: To be approvable, at least 10 jobs must be maintained.

http://www.eb-5center.com/taxonomy/term/11 http://www.usadvisors.org/ http://www.usworkvisa.com/visas/EB5.html http://www.eb5blog.com/whatsitabout.html#Q16 http://www.hammondlawfirm.com/monthly/featured-article-may-2010.pdf http://www.aila.org/content/default.aspx?docid=33779 This is the site to the US Citizenship and Immigrant Services page on Investor Visas http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4ff96138f898d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD The Association to Invest in the USA has a valuable website http://iiusa.org/

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Related Immigration Law Questions