Select Page

EB-5 Visa

Immigrant Investor Program (Direct & Regional)

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.

Request A Free Consultation

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

  1. A business created after 11/29/1990; OR
  2. 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.​