EB-5 Overview

The EB-5 Visa is a program created pursuant to a 1990 Congressional Act allowing foreign investors to obtain a green card by investing through regional centers designated by USCIS.

Job Creation Requirements

  1. Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
  2. Create or preserve either direct or indirect jobs:
    • Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
    • Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.

Capitol Investment Requirements

  1. General — The minimum qualifying investment in the United States is $1 million.
  2. Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.

 

Target Employment Area Requirements

  1. For High Unemployment areas:
    • Area that, at the time of the investment, is experiencing an unemployment rate of at least 150% of the national average rate.
    • No population requirement.
  2. For Rural areas:
    • Must be outside a metropolitan statistical area (as designated by the Office of Management and Budget), or
    • Must not be on the outskirts of a town or city that has a population of 20,000 or more.

 

Above is general information regarding the EB-5 Visa Program. For more information on the EB-5 Visa, please visit https://www.uscis.gov/eb-5