EB-5 Immigrant Investor Program
What are the requirements of the EB-5 Program?
There are 6 main requirements for the Program:
- The investor must produce $1 million in capital to invest in a new commercial enterprise. The investment amount is lowered to $500,000 for a Regional Center or rural area.
- The investor’s capital investment must be lawful and “at risk.” Lawful means that the investor is required to prove their capital is from a lawful source. “At Risk” means that the investor is not guaranteed a return.
- The new commercial enterprise must be established after November 29th, 1990. If an investor restructures or reorganizes a business so that it constitutes a new commercial enterprise or increases the net worth of the business or number of employees by 40%, the business can have been established on or before November 29th, 1990.
- For a new commercial enterprise, there must be at least 10 permanent full-time positions for U.S. citizens created that are directly related to the enterprise. For a Regional Center, the jobs can be indirectly related.
- The investor must have some type of direct role in the operation of the new commercial enterprise. Role examples include, the day-to-day running of the business or monthly reviewing of the financial books.
- The new commercial enterprise or Regional Center must be in operation for 2 years before the investor can apply for a permanent green card.
What are the benefits of the EB-5 Program?
There are several benefits for immigrant investors for participation in the EB-5 Program:
- The freedom to reside anywhere in the United States, regardless of the location of the EB-5 investment
- The possibility of naturalization 5 years after receiving your conditional green card
- Your spouse and children under the age of 21 being able to apply under the same application as the investor
- No travel restrictions to your home country
- No sponsor requirement, unlike family-based or employment-based visa applications
- No requirement for extraordinary ability or education
- College tuition is regarded as if you are an in-state resident as opposed to an out-of-state resident
- For a Regional Center, there is no requirement for the investor to manage daily business operations or employees