EB-6 International Entrepreneurs’ Visas

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The United States is known around the world as a land of opportunity, and that opportunity includes those who are looking to build and grow their business. For these adventurous entrepreneurs, there hasn’t really ever been a tailor-made solution, until now. On July 16^th, 2017, the Department of Homeland Security released the final rule on the EB-6 visa for international entrepreneurs, giving an opportunity to those who are looking to start a business of their own in the United States.

Yekrangi & Associates is devoted to helping those seeking admission into the United States find the solution that best-fits their needs in order to help them achieve their goals. As an immigrant himself, Mr. Yekrangi understands what you’re going through, and has the knowledge and first-hand personal experience that he can put to work helping you navigate the complexities of American immigration law. We’re ready and capable of guiding you through the immigration process for any issue, including being able to provide you with counsel when seeking this new type of visa.

What Is an EB-6 Visa?

Many international entrepreneurs would like to legally remain in the United States, yet, they cannot find a visa category that suits them. Fortunately, we now have the new EB-6 which has recently come into effect. The EB-6 visa is one that’s intentionally directed at international entrepreneurs, or in other words, those who wish to enter the United States to work with a company that they’re either starting or has just started and they’re helping build. The rule states that entrepreneurs who meet the requirements can enter the United States and remain so long as they are employed with a “start-up.”

The EB-6 visa is an “employment based parole” status. Unlike the popular treaty investor visa it is not limited to nationals of certain treaty countries, and it does not require a consulate-issued visa in order to be permitted entry into the United Sates.

However, unlike its other EB visas, the EB-6 is not an avenue to permanent residency. USCIS 8 CFR 212.19 states that the Parole Program for International Entrepreneurs will allow these individuals to enter with work authorization for themselves and their spouses and stay for up to 30 months, which can be further extended to a maximum of up to 5 years with re-parole, but they are not eligible for an adjustment of status that would grant them permanent residency.

What Are the Advantages and Disadvantages of the EB-6 Visa?

The EB-6 Visa opens a realm of possibilities for international entrepreneurs, granting them the unique opportunity to bring their innovative ideas and burgeoning businesses to the U.S. market. With this visa, entrepreneurs are not only able to start a new venture but also to contribute significantly to the American economy by creating jobs, fostering innovation, and facilitating the exchange of knowledge and culture. This opportunity is a doorway to not just business growth but also personal development within the landscape of the United States' diverse market.

Advantages of the EB-6 Visa

• Access to the U.S. Market: Entrepreneurs can introduce their products or services to one of the largest and most diversified markets in the world.
• No Treaty Country Requirement: Unlike E-1 and E-2 visas, the EB-6 does not require the applicant to be from a treaty country, opening doors for a wider range of nationalities.
• Employment Authorization for Spouse: The spouse of the EB-6 visa holder can obtain work authorization, offering additional financial support and opportunities for the family.
• Flexibility in Investment: There's no minimum investment amount specified, allowing for flexibility depending on the nature and needs of the startup.
• Potential for Extension: Initially granted for up to 30 months, there's an option to extend the stay for a maximum of up to 5 years, giving the business more time to grow.

Disadvantages of the EB-6 Visa

• No Path to Permanent Residency: The EB-6 does not offer a direct path to obtaining a Green Card or permanent residency in the United States.
• Time-Limited Stay: With a maximum extension up to 5 years, entrepreneurs need to find alternative visa options if they wish to stay longer.
• Strict Eligibility Requirements: Entrepreneurs must meet certain conditions regarding their role in the business and the potential of the startup to grow and create jobs.
• Dependent on the Startup's Success: The visa's status is closely tied to the success and operational status of the startup, posing a risk in case the business fails.
• Work Authorization Limited to Spouse: While the spouse can obtain work authorization, dependent children are not granted the same benefit, which could be a limitation for families.

Can I Get an EB-6?

It is estimated that approximately 3,000 entrepreneurs will qualify annually for US entry under this new parole rule. You may be eligible for an EB-6. Please contact our office for a full evaluation of your case.

How Can Our Immigration Attorney Help?

Navigating the intricacies of immigration law and the application process for an EB-6 visa can be daunting for international entrepreneurs. This is where an experienced EB-6 attorney comes into play. An attorney specializing in this area can provide tailored advice based on your unique business and immigration situation, helping to streamline the application process. They can assess your eligibility, prepare and review all necessary documentation, and represent you throughout the process, ensuring compliance with all legal requirements. Their expertise not only improves your chances of a successful visa application but also helps in strategizing for potential future steps toward permanent residency or other long-term goals in the U.S.

Services provided by EB-6 attorneys to entrepreneurs include:

• Eligibility Assessment: Detailed evaluation of the entrepreneur's and their startup's eligibility for the EB-6 visa.
• Document Preparation: Assistance in preparing and compiling the comprehensive documentation required for the application.
• Legal Representation: Representation during the application process, including communication with immigration authorities.
• Strategic Planning: Advice on planning for the future, including guidance on potential paths to permanent residency.
• Compliance and Advice: Ensuring that the startup remains compliant with U.S. immigration laws and regulations.
• Spousal Work Authorization: Assistance with the process of obtaining work authorization for the entrepreneur’s spouse.
• Extension Application: Guiding through the re-parole process to extend the stay in the U.S. for up to 5 years.
• Risk Management: Advising on strategies to mitigate risks associated with the startup’s performance, which could affect your visa status.

To learn more about obtaining an EB-6 visa or help with preparing your application, contact Yekrangi & Associates now and discuss your options with us!

To schedule an initial consultation with us today, don't hesitate to contact us at (949) 478-4963.