To qualify for a visa under the EB-5 category, an alien investor must satisfy three main criteria:

1. Invest or be actively in the process of investing in a new commercial enterprise—meaning a for-profit U.S business established after November 29, 1990. The business may take various forms such as a corporation, sole proprietorship, or limited partnership. A business established before November 29, 1990 may still qualify as a “new commercial enterprise” for EB5 purposes if since the date it was created, it (1) has been expanded so that a 40% increase in the net worth or number of employees has occurred, or (2) has been significantly restructured or reorganized.
2. Invest or be actively in the process of investing the requisite capital of at least US$1,000,000 OR US$500,000. The lesser investment requirement of US$500,000 applies only where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150% of the national average rate or a rural area as designated by Office of Management and Budget.
3. Make an investment that will benefit the U.S. economy and create full-time employment for at least 10 (ten) U.S. citizens or authorized immigrant workers. 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% of its net worth over the past 12 to 24 months, the number of existing employees must be maintained at no less than the pre-investment level for a period of at least two years.

     In addition, the investor must show that the source of investment funds is lawful and the investor intends to maintain more than a passive role in the management of the new commercial enterprise.

     Of the 10,000 EB-5 visas available annually, limited numbers 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 U.S.; 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.

     Please note that where our firm is the investor’s attorney, we must analyze documentation concerning the source of funds and confirm the funds’ lawful source before the investor can wire them to the U.S.

     We have experience in assisting EB-5 project principals as well as individual investors in setting up their EB-5 programs.

     There are three (3) primary stages for each applicant to the U.S. immigrant investor program.

1. First, an investor must submit a Form I-526, Immigrant Petition.
2. Second, once the investor's I-526 Petition is approved, he or she will be given a U.S. Consular Interview appointment for biographical and medical review, or if in the U.S., receives an adjustment of status.
3. Finally, two (2) years from the date that the investor is granted a conditional green card and enters the U.S., he or she must submit Form I-829, Petition to Remove Conditions, to demonstrate that the investment has satisfied all the requirements of the U.S. immigrant investor program in order to receive his or her permanent green card.