Here is a quick summary of the 5 basic EB-5 visa requirements.

The Immigrant Investor Program, also known as the EB-5 Program, was created by Congress in 1990 as a way to stimulate the economy through job creation and capital investment by foreign entrepreneurs. Each year, 10,000 visas are available to EB-5 investors and their immediate family members.

If you have the capital and are seeking to ultimately obtain U.S. permanent residency status (green card status), this summary of the main 5 EB-5 visa requirements may interest you:

1. Make the $1 million capital or $500,000 targeted employment area (TEA) investment.

To qualify for the targeted employment area and to qualify for the lower minimum investment amount, an investor should provide a state agency’s designation letter proving that the location of the project is rural or an area of high unemployment. Additionally, USCIS requires that investors invest the entire amount of capital up front or prove that any capital remaining is irrevocably committed to the new commercial enterprise. An investor will be required to submit in-depth reports of evidence showing that the investment capital came from lawful sources.

2. The investment must be made into a qualified for-profit U.S. new commercial enterprise.

USCIS requires that investors select a company formed after November 29, 1990. Although extremely rare, an investor may select a company that was formed prior to that date if it can be either restructured or reorganized in such a way that a new commercial enterprise results or it can be expanded so that the net worth or net employees increases by a minimum of 40%.

3. The investment must create a minimum of 10 jobs for qualified U.S. workers.

Each investor must be credited with the creation of 10 full-time jobs. Investors in the EB-5 Regional Center Program have the distinct advantage of being able to count indirect and induced job creation in addition to direct job creation. USCIS will consider business plans and “reasonable economic methodologies” to determine whether the job creation requirement was met.

4. Investors must be actively engaged in the management of their new commercial enterprise.

While an investor cannot be a “passive investor”, they can take on the role of a policy adviser, board member, corporate officer, or limited partner. They do not have to engage in the day-to-day management of the new commercial enterprise.

5. An investor must sustain their investment during the required two-year period.

In order to remove the conditions on an investor’s permanent residency status they must file an I-829 Petition which requires investors to submit proof that they sustained their investment during the two-year period and that they created or will create the requisite number of jobs. If approved, an investor will receive their permanent green card.

For more information about the 5 basic EB-5 visa requirements, send us a message.

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