EB-5: Individual Investors

EB-5: Individual Investors

The EB-5 Immigrant Petition for Alien Entrepreneur leads to a green card through investment in an active United States enterprise. According to the Immigration and Nationality Act, 10,000 immigrant visas are available per year for individuals seeking a green card based on an investment in a US business. To qualify as an EB-5 investor, a foreign investor must actively invest in a for-profit U.S. business established after November 29, 1990. In certain cases, businesses established before November 29, 1990 may qualify for EB-5 purposes. The foreign investor must also invest $1,000,000 in the U.S. business over a 2-year period. In some instances, a lesser investment of $500,000 will be sufficient…

The EB-5 Immigrant Petition for Alien Entrepreneur leads to a green card through investment in an active United States enterprise. According to the Immigration and Nationality Act, 10,000 immigrant visas are available per year for individuals seeking a green card based on an investment in a US business.

To qualify as an EB-5 investor, a foreign investor must actively invest in a for-profit U.S. business established after November 29, 1990. In certain cases, businesses established before November 29, 1990 may qualify for EB-5 purposes.

The foreign investor must also invest $1,000,000 in the U.S. business over a 2-year period. In some instances, a lesser investment of $500,000 will be sufficient if the investment is made in a “targeted employment area,” which generally includes investment in certain rural areas, or areas where there exists a high rate of unemployment.

Additionally, the investment must create ten full-time jobs for U.S. workers, and an investor must show that the source of funds being invested was obtained lawfully.

A foreign investor may also invest in what is known as a “Regional Center”. A Regional Center is a business entity that has been pre-approved by United States Citizenship and Immigration Services as a program that stimulates job creation and economic growth through investment in a certain geographic area.

The EB-5 petition review process currently takes between 8 and 10 months. Upon approval, the applicant may file for conditional Permanent Resident Status. The conditional status is valid for two years. Prior to the expiration of the conditional status, another petition is filed to remove the conditions. When conditions are removed, the Service will grant the foreign investor a permanent ten-year green card.

The EB-5 process is complex and a successful application often requires the advice and guidance of an experienced attorney. Our law office is experienced in assisting EB-5 investors in formulating their investment strategies and programs.