EB-5 Immigrant Investment Program
EB-5 is an employment-based, fifth-preference immigration classification reserved for immigrants who have invested, or are in the process of investing, at least $1.8 million USD in a new commercial enterprise that employs at least 10 full-time U.S. workers. The minimum qualifying investment within a high-unemployment area or rural area in the U.S. is $900,000 USD. USCIS administers the EB-5 Program.
There are different ways to make investment through which one is able to obtain the EB-5 visa:
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The Investor can establish a new company (commercial enterprise) in the U.S, and create 10 direct full-time jobs.
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The Investor can purchase an existing business in the U.S, and either create 40% expansion of that business in the business worth or number of employees, or reorganized the existing business and create 10 direct full-time jobs.
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The Investor can make $900,000 USD investment to a regional center project. An EB-5 regional center designated by USCIS for participation in the Immigrant Investor Program. A key advantage of a regional center EB-5 is that "indirect" jobs can be included in the job creation count, in addition to "direct" jobs.
Frequently Asked Questions
What is a "conditional" green card?
A conditional green card is a temporary green card valid for two years. An EB-5 investor first receives a conditional card before he or she is able to receive a green card without conditions. When the investor successfully applies for a removal of conditions, the investor and his immediate family members are given permanent green cards.
When must the employment be created?
The required 10 jobs must be created within the two-year period immediately following the investor becoming a permanent resident.
Are EB-5 visas available to people from any country in the world?
Yes, if they are qualified. There is a backlog currently for China-mainland nationals, however for investors from other countries, it is still a relatively fast process to obtain green card.
May two or more investors qualify for immigration based upon a pooled investment in a single business?
Yes. There is no limit to the number of investors who may qualify for immigration based upon an investment in a single business. However, each investor must invest the required minimum amount, and the number of jobs created must be equal to ten times the number of qualifying investors. For example, if five investors each invest $1.8 million in a business, they can each qualify for immigration if 50 jobs are created in the business.