Immigration through investment


Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), immigrant visas are available to qualified immigrants seeking permanent resident status in the U.S. on the basis of their engagement in a new commercial enterprise in the U.S.

A specific number of the available visas are set aside for those who invest in a new commercial enterprise which will create employment in a “targeted employment area.” A “targeted employment area” means: at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150% of the national average rate). A rural area is any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more.

This type of visa will allow you to obtain the Green Card for you, your spouse and your unmarried children under 21 years old.


The investor must demonstrate:

that s/he has invested in or is actively in the process of investing the required capital* in a new commercial enterprise; and

that the new commercial enterprise will benefit the U.S. economy and create full-time employment for at least 10 U.S. citizens or Lawful Permanent Residents (or other immigrants lawfully authorized to be employed in the U.S.)

*The required capital, ranges from $500K to $3,000,000, and is dependent on specific investment circumstances.

There are multitudinous immigration laws, federal statutes and regulations involved in applications for non-immigrant and immigrant visas. The legal process is complex and could result in the denial of a your visa if the application is not properly prepared. If the application is put together correctly and professionally by a qualified immigration attorney, the probability of achieving a successful result is greatly increased.

The Bócsi Law Firm can precisely and professionally prepare all of the necessary applications for you, providing you with security that the entire process goes smoothly, and relieving you of the stress and worry that often accompanies immigration legal procedures.

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