EB-5 Immigrant Investors
This classification is essentially for investors that either invest in a new enterprise or an existing business in the U.S. The investment amount ranges from $500,000 to $1,000,000 depending on the type of investment.
The Immigration Act of 1990 created a special green card category for substantial business investors. In the past, investors had to be satisfied with E-2 nonimmigrant visas. Even these were available only to citizens of selected countries having investor treaties with the U.S. Since 1990, anyone who invests $1,000,000 ($500,000 in an economically depressed region) in a new U.S. business that hires at least ten full-time American employees can get a green card.
New Business Enterprise
For the investor to qualify he:
- Must Invest or be in the process of investing at least $1,000,000. If the investment is in a designated targeted employment area then the minimum investment requirement is $500,000.
- The investment must benefit the U.S. economy by providing goods or services to U.S. markets.
- Create at least 10 full-time U.S. jobs for U.S. citizens, Green Card holders and other individuals lawfully authorized to work in the U.S. aside from the investor, his spouse, sons or daughters.
- The investor must be involved in the day-to-day management of the new business or directly manage it through formulating business policy – for example as a corporate officer or board member.
Targeted Employment Area is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.”
To qualify investor must:
- Invest in a business existing for at least two years.
- Invest in a business that has incurred a net loss, based on generally accepted accounting principles, for the 12 to 24 month period before you filing the petition.
- The loss must be at least equal to 20 percent of the business’s net worth before the loss.
- Maintain the number of jobs at no less than the pre-investment level for a period of at least two years.
- Be involved in the day-to-day management of the troubled business or directly manage it through formulating business policy.
- The same investment requirements with respect to the employment area of the new commercial enterprise apply.
Regional Center Pilot Program
To qualify investor must:
- Invest at least $1,000,000 or $500,000 in a regional center affiliated new commercial enterprise or a troubled business located within the area of the USCIS designated Regional Center.
- Create at least 10 full-time jobs either directly or through the capital investment.
If you are interested in immigrating to the U.S. through an investment under the EB-5 classification, please contact our office for a FREE consultation with an experienced immigration attorney.