EB5 VISA OVERVIEW  

Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 5,000 are set aside for those who apply under a pilot program involving an CIS-designated “Regional Center.”

A “Regional Center:”

• Is an entity, organization or agency that has been approved as such by the Service;
• Focuses on a specific geographic area within the United States; and ,
• Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

“Alien investors” must:

• Demonstrate that a “qualified investment” (see below) is being made in a new commercial enterprise located within an approved Regional Center; and,
• Show, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.

 

EB5 VISA ELIGIBILITY

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested — or are actively in the process of investing — the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

In general, “eligible individuals” include those:

1. Who establish a new commercial enterprise by:
   • creating an original business;
   • purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
   • expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and
2. Who have invested — or who are actively in the process of investing — in a new commercial enterprise:
   • at least $1,000,000, or
   • at least $500,000 where the investment is being made in a “targeted employment area,” which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and
3. Whose engagement in a new commercial enterprise will benefit the United States economy and:
   • create full-time employment for not 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, where the capital investment is being made in a “troubled business,” which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

ADVANTAGES OF EB5 VISA

 A direct route to a Green Card

• Permanent Residency in the United States for you, your spouse and any children under the age of 21
• Freedom to live, work and retire anywhere in the United States
• US Citizenship route after 5 years of being a Green Card holder
• Children may attend college/university at U.S resident costs

• What are some of the benefits of the EB-5 visa program?
  • Qualifying Investors and their spouse and minor children (under 21) will be granted US Lawful Permanent Residency (GREEN CARD)
  • No minimum requirements as to age, NO  English PROFICIENCY REQUIREMENT, NO employment experience, NO COLLEGE DEGREE
  • Investor and family may live/work anywhere in the United States. Minor Children may obtain employment, subject to age, state and governmental laws and restrictions.
  • Education benefits including admission to Universities at LOW IN STATE TUITION
  • The EB-5 program does not require immigrant investors to manage their investment on a day to day basis.
  • After five years, the investor and their family may obtain US citizenship, subject to meeting all immigration requirements, as required under law.

DISADVANTAGES OF EB5 VISA:

A 2 Year Conditional Green Card Is Issued At The First

You Have To Invest At Least 1 Million Us Dollars (Half A Million In Certain Targeted Employment Areas.

If You Choose Regional Center Route, Any Failure Of Regional Center Will Put You At The Risk Of Losing Green Card And Potentially Subject The Investor To Removal Proceedings.

Your Investment Has Potential To Grow As Well As Risk Of Loss