U.S. Business Immigration & Legal Services
EB-5 Immigrant Investor Green Card Overview
Under this program, entrepreneurs are eligible to apply for a green card (permanent residence) if they: (1) Make the necessary investment in a commercial enterprise in the United States; and (2) Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
Minimum Investment Amount
In general, the minimum investment amount necessary to qualify for the EB-5 program is $1,000,000 USD. However, if the investment is made in a Targeted Employment Area (TEA), the minimum investment amount is reduced to $500,000 USD. An area is considered a TEA if at least one of the following is met: (1) The area is a rural area; or (2) The area is affected by high unemployment.
Capital utilized for the Investment
Government regulations define “capital” as cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital must be valued at fair market value in U.S. dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) are not considered capital.
Regional Centers
An EB-5 regional center is an economic unit, public or private, in the United States that is involved with promoting economic growth. Regional centers are designated by USCIS for participation in the Immigrant Investor Program
Conditional Resident Status
Alien investors and derivative family members will be admitted to the United States in conditional immigrant status for two years. After two years, the investor and his family must petition for the removal of the condition within a 90-day period before the second anniversary of the granting of conditional permanent residence. USCIS will then determine whether the enterprise was established and in continuous operation during the applicable period. If so, the alien will be granted permanent residence.
