The EB-5 Visa
For Temporary Workers in Specialty Occupations
Many people have heard of “investing in a green card.” Most likely, people who say this are talking about the EB-5 program. This program, which was created in 1990, is a program for investors/entrepreneurs who want to invest in the U.S. Like the other EB Visas, this story ends with a green card. It can be a great way to live and work in the U.S. permanently, while also starting or purchasing a successful business.
If you are interested in entrepreneurship in America, you may want to petition for EB-5. In order to be eligible, you must invest capital into a new commercial enterprise that will create jobs.
A Step-By-Step Guide to Obtaining An EB-5 Visa
Capital Investment
The minimum capital investment that can be made in order to be eligible for EB-5 is $500,000 USD. This minimum amount is based upon starting or purchasing a business in a rural or a high-unemployment location. For all other areas, the minimum investment is $1,000,000 USD. You, the investor, must show that you own the capital and that it was earned/acquired lawfully.
New Commercial Enterprise
The business in which you invest must be a “new commercial enterprise.” The USCIS defines this as
- A business created after 11/29/1990; OR
- A business created before 11/29/1990 and is purchased and reorganized and restructured so much that the business can be considered a “new commercial enterprise”; OR the business is expanded due to the capital investment so the net worth and/or the number of employees increases by at least 40 percent.
The businesses can be independent, part of a “regional center,” or a “troubled business.” A regional center is a business that runs as a result of multiple investments from multiple people/groups. Regional centers are enterprises that the USCIS has designated. These enterprises have indicated to the USCIS that they are promoting economic growth. A troubled business is one that can show a net loss of at least 20 percent during the 12- or 24-month timeframe before the priority date on your Form I-526. The type of enterprise will determine the job creation requirements.
Job Creation
The new commercial enterprise (not part of a region center) must create at least 10 new jobs in order for EB-5 eligibility. For regional center enterprises, the 10 jobs can be either direct (employed by the enterprise) or indirect (created as a result of the enterprise). For troubled businesses, you must show for at least two years that you’ll continue to employ the same number of employees as the business had before your investment.
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