USA Immigration - EB-5 Immigrant Investor Visa
USCIS administers the Immigrant Investor Program, also known as “EB-5,” created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since, certain EB-5 visas also are set aside for investors in Regional Centres designated by USCIS based on proposals for promoting economic growth.
All EB-5 investors must invest in a 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
Commercial enterprise can be the following, but not limited to:
- A sole proprietorship
- Partnership (whether limited or general)
- Holding company
- Joint venture
- Business trust or other entity, which may be publicly or privately owned
Job Creation Requirements
The qualifying business must be in a position to create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
The jobs created by the business can be direct or indirect jobs:
Capital Investment Requirements
Investment capital must NOT be borrowed and most successful applicant that have applied under the EB5 category would confirm that they have invested a minimum of $1 million dollars into a qualifying business in the US however, there is another option for people who are looking to invest less than a million US dollars and this is called “Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.
amily members, including the spouse and minor unmarried children under the age of 21, are eligible for lawful permanent residence (green card) if the applicant’s business meets the U.S. EB-5 requirements. On successful approval of the EB-5 application for permanent residency, renewal or re application is not required as long as the business remains active.
Please speak with a member of our specialist team for further information regarding the Investor category.