EB-5 Immigrant Investor Visa

Investors who invest in a new business that creates a specific number of jobs in America are welcome to apply to immigrate to the USA under the EB-5 Immigrant Investor Program.

The first step for an investor is to submit the Form I-526, “Petition by Alien Entrepreneur.” Once an application is approved and the minimum investment, as well as other qualification criteria is met, the investor gets an EB-5 visa that allows entry to the USA. This leads to a Green Card, right after arrival, with a two-year conditional right to work in the USA.

Additionally, the application may include bringing family members (a spouse and children under the age of twenty-one) to the United States as well. There is an option to become a U.S. citizen after having a Green Card for five years (three years if married to a U.S. citizen).

One thing America is known for around the world is the ability of hard-working businesspersons to become successful. Many investors who come to the United States to run a business or start a business find the American lifestyle very conducive to having a success in business.

The requirements of a business investment under the EB-5 Program include:

• A capital investment of a minimum of US$1 million is made in a qualified business opportunity. The amount is reduced to US$500,000 for a business created in special identified rural areas or areas with high unemployment.
• Capital investment may be in the form of cash, cash equivalents, equipment, inventory, and other tangible property.
• Borrowed funds are allowed for the investment as long as the EB-5 applicant has the personal primary liability to pay back the loan. None of the assets of the new business may be used as collateral to secure the loan.
• Capital investment funds must be proven to be clean, clear, and of non-criminal origin.
• The business is a new business or an existing business re-structured in such a way to create a new business (expansion, increased jobs, new product lines, etc.).
• Investor may chose the business to invest in, on their own, or an investor may select from investment opportunities offered through over six hundred Regional Centers across the United States that have already been approved for EB-5 investment.
• Within two years of inception, the business must create at least ten new full-time jobs for qualified persons in the United States (U.S. citizens and others with the legal right to work in America). Investors need good legal counsel when considering the EB-5 program, because there are many complex issues involving immigration law as well as legal issues that relate to the investment in the new business and the operations of the new business.

References

EB-5 Immigrant Investor Program Link

About the EB-5 Visa Link

EB-5 Immigrant Investor Process Link

Form I-526, Petition by Alien Entrepreneur Link

Immigrant Investor Regional Centers Link