EB-5 Immigrant Investor Program

EB-5 Immigrant Investor Program

The U. S. Immigrant Investor Program (“EB-5″) was founded in 1990 to encourage the investment of foreign capital into the American economy. This program makes it possible for an investor and his/her family to obtain permanent residence by either investing in the creation of a business or in the development of an existing enterprise in the United States. Investment into an individual EB-5 program requires a longer and more tedious process than that of the “Immigrant Investor Pilot Program”. This includes filing of a petition for which the investment enterprise has not been pre-approved, providing a detailed business plan with information regarding whether the investment entity qualifies as a “new commercial enterprise”, whether the investment is in a “targeted employment area”, whether the investment is a “troubled business”, how the requisite “employment creation” will take place, and whether the investment meets the “establishment” of a new commercial enterprise standard.

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Eligibility is based on an investor having sufficient capital to do one of the following:
•Create an original business;
•Purchase an existing business and simultaneously or subsequently restructure or reorganize the business such that a new commercial enterprise results;
•Expand an existing business by 140 percent of the pre-investment number of jobs or net worth; or
•Retain all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months;
•Invest at least $1,000,000 in a new commercial enterprise;
•Invest at least $500,000 in a project listed with a regional center or located in a “Targeted Employment Area “;
•Create full-time employment for no fewer than 10 qualified individuals; or
•Maintain the number of existing employees at no less than the pre-investment level for a period of at least two years.

Requirements include:
•Present a detailed business plan for the development of a company;
•Prove that the investment comes from a lawful source of funds;
•Pass an extensive background check and medical examination;
•Create the requisite number of jobs;
•Demonstrate active participation in the management of the enterprise;
•After 2 years, the USCIS will conduct an investigation to see if the investor has fulfilled all of his obligations and met all of the requirements. In the event that the investor failed to fulfill the conditions of the program, the investor and any family members may be refused permanent residence.

What does the EB-5 Investor Visa provide for me?

The EB-5 Investor Visa can provide a new way of life in the United States. These include business professionals, a person who wants to attend a university in the United States or facilitate their children’s education, or someone who simply wants to retire. The EB-5 visa permits employment in the United States for the investor and his/her family.

Are EB-5 visas available to anyone outside of the U.S.?

Investment in the EB-5 Investor Visa program is open and available to anyone from any country (with the exception of Iran, etc.).  Potential investors must prove the source of funds, which is a key element to a successful approval of an EB-5 application. It is strongly recommend that you retain the services of an experienced attorney who will assist you in researching the various EB-5 investment opportunities available in the United States.

Does the EB-5 Visa require that I run the business?

While regulations require involvement in policy making or a management position, it does not dictate that the investor take an active role in the day-to-day operations. The regulations require a properly structured legal entity and the investor to vote on policy making issues. However, the investor is not required to be present for the daily operation of the business.

How do I get started?

Every potential investor must complete our investor questionnaire.  In addition, the Investor must present his/her personal biographical information and evidence that all money being used for this investment is from a lawful source. For example, how was the money earned?  Is it Company income?

The USCIS requires a minimum of five years of documentation for all personal and business tax returns, business licenses, and proof of ownership in any business. Official documentation must be provided to ensure the transaction(s) was executed legally and properly. If the investment assets were acquired through alternate transactions, such as the sale of a home, an inheritance or monetary gift, then additional documents may be required and will be discussed on a case by case basis with the individual investor.