EB-5 Investor Visa
Services EB-5 visa
The EB-5 Visa Program allows foreign investors to obtain a green card and permanent residency.
There are two distinct options for an investor to qualify through investment for the EB-5 Investor visa category: 1. The Basic Program; and 2. the Regional Center Pilot Program.
General
Information
The EB-5 Visa Program allows foreign investors to obtain a green card and permanent residency. The qualifying investment leads to a green card for the investor to permanently live and work in the United States with their spouse and any unmarried children under the age of 21.
There are two distinct options for an investor to qualify through investment for the EB-5 Investor visa category: 1. The Basic Program; and 2. the Regional Center Pilot Program.
Investment under
the basic
EB-5 program
In order to qualify under the EB-5 category, a foreign investor must:
• Invest $1.8 million in either a new or existing U.S. business or commercial enterprise that will create at least 10 full-time U.S. jobs. The investment must be in only one commercial enterprise and an investor cannot meet the required investment by combining investments in multiple commercial enterprises; or
• Invest $900,000 in a new or existing U.S. business or commercial enterprise that is in either a rural area or an area with a high unemployment rate.
The required investment amount differs based on whether the investment is in a Targeted Employment Area (TEA) or not. A Targeted Employment Area is a “rural area or an area that has experienced high unemployment of at least 150 percent of the national average”.
The immigrant investor must invest a minimum of $900,000 in a new commercial enterprise that is principally doing business in and creates jobs in a Targeted Employment Area, as determined by the U.S. Bureau of Labor Statistics. On the other hand, the immigrant investor must invest or be in the process of investing $1.8 Million dollars in a new commercial enterprise that creates 10 or more jobs for U.S. workers (and is not located in a Targeted Employment Area).
The investment can be in the form of cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien provided that he/she is personally and primarily liable and the assets of the new commercial enterprise are not used to secure any of the indebtedness.
Investment under
the regional center
EB-5 program.
In order to qualify under the pilot program, an investment of at least $900,000 must be made in a new commercial enterprise located within an approved “Regional Center,” defined by the regulations as “any economic unit, public or private, which is involved with the promotion of economic growth, including increased export sales, improved regional productivity, job creation and increased domestic capital investment.”
Lawful path
of funds
It is critical that the investor be able to document that his or her funds come from lawful sources. The investor should be able to show a complete a clear path indicating how the funds were acquired and invested in the commercial enterprise in the United States.
Job
creation
The investment must create at least 10 full-time jobs for US citizens, lawful permanent residents or other immigrants lawfully authorized to be employed in the US.
This means employment of a qualified employee in a position required a minimum of 35 working hours per week. Although two employees may share a full-time position, part-time employment is specifically excluded. Therefore, a combination of two or more part-time positions will not qualify, even if they collectively meet the 35 hour per week requirement.
This includes conditional residents, temporary residents, asylees, refugees, and recipients or suspension of deportation, but does not include non-immigrants (example H1B, L1A, E2, etc). In calculating the required number of employment positions, the investor may not include spouses or children, but may include other family members who are employed by the business.
If the enterprise is a “troubled business” (having lost 20% of its Net Worth), investor must provide a business plan and proof that existing employees will be retained in the next two years.
Conditional
permanent
residence
Immigrant investors, their spouses and dependent children are subject to conditional permanent residence for a two-year period if the initial application is approved. The investor must file a petition to remove the condition during a 90-day period prior to the second anniversary of the Alien’s lawful admission as a permanent resident. USCIS will examine the business at the end of the two-year period to determine whether or not the alien has complied with all of the requirements.