Summary

Categories of EB-5 investment visa: EB-5 Investment visa was created by Congress in 1990 for use by an entrepreneur to petition the U.S. Citizenship and Immigration Services (USCIS) for status as an immigrant to the U.S. pursuant to section 203(b)(5) of the Immigration and Nationality Act, as amended. The basic amount required to invest is $1 million. Congress created a pilot program in 1993, reducing the amount to no less than $500,000 in “designated regional centers.”

Investment in a New or a Targeted Employment Business Enterprise

To qualify you must:

• Invest or be in the process of investing at least $1,000,000. If your investment is in a designated targeted employment area defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average”, then the minimum investment requirement is $500,000.
• Benefit the U.S. economy by providing goods or services to U.S. markets.
• Create full-time employment for at least 10 U.S. workers, which includes U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S. It does not include you, your spouse and children.
• Be involved in the day-to-day management of the new business or directly manage it through formulating business policy.

Investment in a USCIS designated Regional Center

A Regional Center is defined as any economic unit, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment.

Application Process: Acquiring lawful permanent residence (“Green Card”) through the EB-5 category is a three step self-petitioning process.

• First the successful applicant must obtain approval of his or her Form I-526 Petition for an Alien Entrepreneur.
• Second, he or she must either file an I-485 application to adjust status to lawful permanent resident, or apply for an immigrant visa at a U.S. consulate or embassy outside of the United States. The EB-5 applicant (and he or her derivative family members) are granted conditional permanent residence for a two year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa.
• Third, a Form I-829 Petition by an Entrepreneur to Remove Conditions must be filed 90 days prior to the two-year anniversary of the granting of the EB-5 applicant’s conditional Green Card. If this petition is approved by CIS then the EB-5 applicant will be issued a new Green Card.