EB-5 Investor Visa
Permanent resident status through the EB-5 Visa Program is available to investors, for themselves and for their spouse and unmarried children. Foreign nationals eligible 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:
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,
expanding an existing business by increasing its net worth or number of employees by 40 percent, 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,
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 "rural" area or a "targeted employment area," which is an area that has experienced unemployment of at least 150 percent of the national average rate,
Whose investment will benefit the United States economy by:
creating full-time employment for not fewer than 10 qualified individuals,
if the commercial enterprise is a "troubled business" maintaining the existing number of employees for a period of at least two years.
EB-5 Investors may invest in their own commercial enterprise, or they may invest in a development project sponsored by a USCIS-approved "Regional Center." Regional Center investments can be credited with creating jobs indirectly by stimulating the local economy.
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 personal assets owned by the EB-5 investor.