In 1990, the Congress created the fifth employment-based visa preference category, EB-5, for immigrants who wish to enter the United States to invest in a new commercial enterprise that will benefit the US economy and create at least 10 full-time jobs.
There are two ways to invest which you may use within the EB-5 category and they are:
- creating a new commercial enterprise or
- investing in a troubled business.
New Business Enterprise
To qualify you must:
- invest at least $1,000,000. If your investment is in a targeted employment area, the minimum investment requirement is $500,000. Targeted Employment Area is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.”
- be of benefit to the US economy by providing goods or services to US markets.
- create full-time employment for at least 10 US workers. The worker list includes US citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the US.
- involve yourself in the day-to-day management of the new business or directly manage it through formulating business policy – for example as a corporate officer or board member.
Troubled Business
To qualify you must:
- invest in a business that has existed for at least two years.
- invest in a business that has incurred a net loss, for the 12 to 24 month period before you filed Form I-526, Immigrant Petition by an Alien Entrepreneur. The loss for the 12 to 24 month period must be at least 20 percent of the business’s net worth before the loss.
- maintain the number of jobs at no less than the pre-investment level for a period of at least two years.
- get yourself involved in the day-to-day management of the troubled business or manage it through formulating business policy (as a corporate officer or board member).
- invest $1,000,000 or $500,000 in a targeted employment area.
Regional Center Pilot Program
To qualify you must:
- be prepared to invest at least $1,000,000 or $500,000 in a regional center affiliated new commercial enterprise or a troubled business located within the area of the USCIS designated Regional Center. A Regional Center is an economic unit, public or private, involved in the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment.
- create at least 10 new full-time jobs either directly through investment.