EB-5 Investor Visa

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens for EB-5 visas are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise. This enterprise can be one that they have established or an already existing enterprise that fits the EB-5 definition of "new commercial enterprise." To qualify, EB-5 applicants must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

In general, "eligible individuals" for EB-5 visas include those:

  1. Who establish a new commercial enterprise by:
    • creating an original business;
    • purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
    • expanding an existing business by 40 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and
  2. Who have invested -- or who are actively in the process of investing -- in a new commercial enterprise:
    • at least $1,000,000, or
    • at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and
  3. Whose engagement in a new commercial enterprise will benefit the United States economy and:
    • create full-time employment for not fewer than 10 qualified individuals; or
    • maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, 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 percent of its net worth over the past 12 to 24 months.
  4. Who invest in a Regional Center and
    • indirectly create jobs in any of the regional centers found in 18 different states.

For EB-5 purposes, all capital is valued in U.S. dollars and is defined as lawfully acquired cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the EB-5 alien.

To review detailed information and the latest news about the EB-5 Visa category please visit our website
www.EB5InvestorVisa.com. You can also obtain information about the requirements for the EB-5 application process in our resource section, or click the link provided below to download a pdf document with the questionnaire and check list of what documents you will need.

Please note that our online resources are intended to be informational and are no substitute for legal advice. If you think that you are eligible to obtain a Green Card through an EB-5 Investment, please contact us for a consultation. Our experienced immigration attorneys can evaluate and determine the best path for your given circumstances.

To download the EB-5 Visa document provided below, you need Adobe Reader installed. If you do not have Adobe Reader on your computer, you can download a free copy from the link provided below. Adobe Reader is a free software that lets you view and print Adobe Portable Document Format (PDF) Files.

Download PDF:
EB-5 Investor

Roger Bernstein | Linda Osberg-Braun | Regina de Moraes | Amy Link

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