Eligibility:

The EB-5 Immigrant Investor program allows entrepreneurs, their spouses, and their unmarried children to apply for permanent resident status if they make the necessary investment in a commercial enterprise in the United States and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers. Investors may also be eligible by investing through USCIS designated regional centers, which are organizations that run businesses that create jobs.

The commercial enterprise invested in must employ at least ten full-time workers, working at least 35 hours per week, produce a service or product, and benefit the U.S. economy. The investor must also be actively involved in the company in some type of management or policy-making role.

EB-5 investors must invest in a new commercial enterprise. This means the applicant can create a new business, buy an enterprise established after Nov. 29, 1990, or buy an enterprise established on or before Nov. 29, 1990 and restructure the business so that a new business entity emerges.

On November 21, 2019 newly published government rules about the EB-5 program will take effect:

• The investment amount will increase to $900,000 in Targeted Employment Areas (areas with high unemployment or rural areas) and to $1.8 million in other areas.
• The government will also change how Targeted Employment Areas are calculated.
• The rules are not retroactive and do not apply to those who have already invested and filed an I-526 petition.
• For more detailed information about the new rule changes please speak to one of our attorneys.

Requirements and/or Materials:

USCIS will require numerous documents to show that the investor can meet both the job creation and Capital investment Requirements. The documents should include:

• Evidence that the applicant has invested in or is actively in the process of investing in a “for profit” new commercial enterprise;
• The previous or active investment meets the required amount of capital;
• Evidence the applicant will be engaged in the management of the commercial enterprise;
• Evidence documenting 10 full-time positions will be created in the new commercial enterprise; and
• Evidence documenting the number of existing employees and proof the number will be maintained for two years.

Validity:

The initial green card granted to the EB-5 Investor is a conditional green card, meaning it expires after two years and the green card holder must apply to have the conditions removed by USCIS. Once the conditions have been removed, the permanent resident card is valid for 10 years. The Permanent Residence card, itself, expires after 10 years and must be renewed before the expiration date. However, the status of a Permanent Resident does not expire.

Family Members:

Spouses and children under 21 are derivative beneficiaries of an approved I-140 petition.

Jurisdiction:

EB-5’s are processed directly with USCIS. I-140’s are subject to priority dates. After the approval of the I-140 petition, the applicant can choose whether to adjust their status within the US or to conduct consular processing overseas.

Remember that each case is unique. To find out whether you qualify for this visa, please contact our firm and set up an appointment.