EB-5 Immigrant
Investor Visa
EB-5 Visa de
Inmigrante Inversor
EB-5 Visa Program for Immigrant Investors:
Permanent residence process through investment
The fifth category of employment-based visa preference, created by Congress in 1990, is available to immigrants wishing to enter the United States for invest in a new business venture that benefits the American economy and creates at least 10 full-time jobs. There are two ways of investing that can be used within the EB-5 category and they are: creating a new business venture or investing in a troubled business.
Admission criteria
Invest or be in the process of investing at least $1,000,000. If your investment is in a designated employment zone (discussed below), 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 American workers. This includes U.S. citizens, green card holders (lawful permanent residents), and other people legally authorized to work in the United States (however, it does not include you (the immigrant), your spouse, children, or daughters).
Participate in the daily management of the new company or manage it directly by formulating business policy, for example, as a company director or member of the board of directors.
The law defines the Specific Employment Area as “a rural area or an area that has experienced high unemployment of at least 150% of the national average.”
Businesses with problems
Invest in a business that has been around for at least two years.
Investing in a business that has incurred a net loss, based on generally accepted accounting principles, during the 12 to 24 month period prior to the filing of Form I-526 Immigration Petition by a Foreign Entrepreneur.
The loss for the 12 to 24 month period must be at least equal to 20 percent of the net worth of the business before the loss.
Maintain the number of jobs at a level no lower than before the investment for a period of at least two years.
Participate in the daily management of the company with problems or manage it directly by formulating a business policy. For example, as a company director or member of the board of directors.
The same investment requirements of the new business venture apply to an investment in a troubled business ($1,000,000 or $500,000 in a specific employment area).
Requirements
Regional Center Pilot Program
To qualify for an EB-5 Immigrant Investor Visa you must:
1.-Invest at least $1,000,000 or $500,000 in a new commercial enterprise affiliated with a regional center or in a problem business located within the Regional Center area designated by USCIS.
2.-Create at least 10 new full-time jobs directly through capital investment.
A Regional Center is defined as any economic unit, public or private, that participates in promoting economic growth, improving regional productivity, creating jobs and increasing national capital investment. Organizers of a regional center seeking USCIS regional center designation must submit a proposal showing
How the regional center plans to focus on a geographic region within the US, and must explain how the regional center will achieve the required economic growth within this regional area.
That the regional center business plan can be considered a viable business model based on reasonable and credible estimates and assumptions about market conditions, project costs and activity deadlines
How jobs will be created, with verifiable details (using economic models in some cases), directly or indirectly through capital investments made in accordance with the regional center’s business plan
The amount and origin of the capital committed to the project and the promotional efforts made and planned for the business project.
Application process
Green Card
Obtaining legal permanent residency (“Green Card”) through the EB-5 visa category for immigrant investors is a three-step self-petition process.
First, the applicant must obtain approval of their Form I-526 Petition for a Foreign Entrepreneur.
Second, you must file an I-485 application to adjust your status to lawful permanent resident, or soliAppoint an immigrant visa at a US consulate or embassy outside the United States. The EB-5 applicant (and his or her derivative family members) is granted conditional permanent residence for a period of two years upon approval of the I-485 application or upon entry into the United States on an EB-5 immigrant visa.
Third, a Form I-829 Petition to Remove Conditions by an Entrepreneur must be filed 90 days prior to the second anniversary of the EB-5 visa applicant’s conditional green card grant. If this petition is approved by the CIS, the EB-5 applicant will receive a new green card without any other conditions, and will be able to live and work permanently in the United States.
Form I-526
Petition for a foreign entrepreneur
| Type of investment | Supporting documents (evidence) |
| New business enterprise | Evidence that you have established a new “for-profit” business enterprise. Proof, if applicable, that your company is established in a specific employment area. Proof that your investment in the Regional Center will create at least 10 direct or indirect full-time jobs. Evidence that the investment funds have been obtained through legal means. Evidence that the capital used was legally acquired can be demonstrated by the following Foreign company registration records Personal and business tax returns, or other tax returns of any kind filed anywhere in the world in the last five years Documents identifying any other source of money; either Certified copies of all pending civil or criminal actions and proceedings, or any private civil actions involving monetary judgments against the investor dating back to the last 15 years. |
| Troubled Business | The same tests as above for investors in a new business venture, except instead f proof that the company will create at least 10 new jobs, you must provide evidence that – The number of existing jobs is or will be maintained at a level no lower than before the investment for a period of at least two years. – Photocopies of tax records, I-9 forms or other relevant documents of eligible employees and a complete business plan will be submitted in support of the petition. *Note: In order to be approved, at least 10 jobs must be maintained. |
| Regional Center Program | Proof that you have invested in a designated Regional Center in accordance with the approved regional center business plan. A legacy INS or USCIS letter must be attached to the Form I-526 designating the Regional Center. Your investment must be in a commercial enterprise within the geographic area specified in this letter. Proof, if applicable, that your company is established in a specific employment area. Proof that you have invested or are in the process of investing the required amount ($1,000,000 or $500,000). Proof that the investment funds have been obtained through legal means. Proof that your investment in the Regional Center will create at least 10 direct or indirect full-time jobs. |
Relatives
Dependents
Your spouse and unmarried children under the age of 21 may be admitted to the US with you for a conditional period of two years. If your I-829 petition to remove conditions is approved, then the conditions will be removed from your spouse and children’s Green Card status. As a lawful permanent resident (green card holder), your spouse and children will be authorized to work or attend school in the United States.
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