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EB-5 Immigrant Investor Program
USCIS administers the EB-5 Program. Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:
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Make the necessary investment in a commercial enterprise in the United States; and
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Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive. Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Currently only 10,000 visas a given out per year.
EB-5 Visa Classification
Qualifying businesses or enterprises must meet these standards
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Established after Nov. 29, 1990, or
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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 at least a 40-percent increase in the net worth or number of employees occurs
Note: This definition does not include non-commercial activity such as owning
and operating a personal residence.​
EB-5 Overview
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Step 1:
Locating an EB-5 Project
Step 2:
Capital Investment and
I-526 Petition
Step 3:
Two Year Conditional Permanent Residency
Step 4:
Unconditional Permanent Residency and the I-829 Petition
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EB-5 Visa Investment Options
Direct Investment vs. Regional Center Investment
The Immigrant Investor Program—also known as EB-5—is a visa program under which lawful permanent resident
(LPR) status is granted to a foreign individual who invests a certain amount of capital in a new commercial enterprise. An EB-5 Regional Center is an organization designated by United States Citizenship and Immigration Services (USCIS) that sponsors capital investment projects for investment by EB-5 investors. Investments may be made in either of two ways:
Direct Investment Basics (We focus on this model) Effective Nov 21
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foreign individual invests directly in the enterprise rather than through an intermediary.
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The minimum investment amount is $1.8 million (Currently $1,000,000), unless the enterprise is located in a targeted employment area (TEA), in which case the investment minimum is $900,000. (Currently $500,000)
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In filing the visa petition, investors must prove that their investment will directly (rather than indirectly) create full-time jobs for at least ten qualifying employees within two years of the visa petition's approval.
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direct investors must engage in the enterprise management
Job Creation Requirements
An EB-5 investor must create full-time positions for at least 10 qualifying​ employees.​
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If acquiring an existing business the investor ​must show that the number of existing employees is being​,​ or will be​,​ maintained at no less than the pre-investment level for a period of at least ​2​ ​years.​​
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In the case of a troubled business, the EB-5 investor may rely on job maintenance.
Capital Investment Requirements
Required minimum investments are:
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$1 million.
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Targeted Employment Area (High Unemployment or Rural Area) $500,000.
Petition/Application Process
There are many forms in the process of qualifying for a EB-5 Visa. We can pair you with the right immigration attorney that suits your investment needs
Choosing an Investment Method
While the regional center method may seem easier in many respects, it may not appeal to every EB-5 investor. If individuals want to start their own business or expand a pre-existing one, and therefore seek greater control of their investment and company operations, the direct method may be the better option. Also business ventures will tend to have a higher chance of success in regions with better economic conditions, investors seeking to maximize profits may find more options by investing directly rather than in a regional center, most of which are located in TEAs. Furthermore, greater business control may facilitate easier collection of evidence to prove the satisfaction of legal requirements.
. The major advantage for regional center designation is that the regional center can take advantage of indirect job creation. Regional centers help EB-5 investors and project developers because they lessen the difficulty of meeting qualifying job creation requirements under the EB-5 program rules.