The This immigrant visa category is designed for those who invest one million dollars in an enterprise that employs ten U.S. workers (exclusive of the immigrant, his/her spouse, and any sons and daughters) or $500,000, if the investment is in certain rural areas or an area of unemployment of at least 150 percent of the national average. To qualify for immigration investor status, the investor must meet each of the following requirements:
The investor must invest at least $1 million in the enterprise, or at least $500,000 if the investment is made in a “targeted area”;
The investment must be made in a “new commercial enterprise” or a “troubled business”;
The investor must take a form of a contribution of capital that has been placed at risk for the purpose of generating a return on the capital;
The capital invested must have been obtained through lawful means;
The enterprise must benefit the US economy and must create full-time employment for no less than 10 U.S. workers; and
The investor must be engaged in the management of the enterprise, either through day-to-day managerial control or through policy formulation.
The minimum investment is reduced to $500,000 in cases of investment in “targeted employment areas” through “Regional Center Program”. In this case, investors do not need to directly employ 10 U.S. workers. They only need to demonstrate that the investment has indirectly created 10 or more jobs and has resulted in improved regional productivity. EB5 investors obtain permanent resident status on a conditional basis for two years and then must apply to remove the condition. Within ninety (90) days before the conditional green card expires, he or she must file a petition to remove the condition on his or her status. The determination of whether to remove conditions on the green card will be made within 90 days of filing or interview, whichever is later. Failure to file this particular application will result in automatic termination of the conditional resident's status and initiation of deportation proceedings.
We represent clients regarding simple and complicated employment-based immigration matters
before the U.S. Citizenship & Immigration Service.