EB-5

The Immigrant Investor Program, also known as “EB-5,” was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by immigrant investors by creating a new commercial enterprise or investing in a troubled business. There are 10,000 EB-5 immigrant visas available annually. In 1992 and regularly reauthorized since then, 3,000 EB-5 visas are also set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

There are two distinct EB-5 pathways for an immigrant investor to gain lawful permanent residence for themselves and their immediate family—the Basic Program and the Regional Center Pilot Program. Both programs require that the immigrant make a capital investment of either $500,000 or $1,000,000 (depending on whether the investment is in a Targeted Employment Area [TEA] or not) in a new commercial enterprise located within the United States. TEA is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.”

The new commercial enterprise must create or preserve 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 (CPR).

The EB-5 immigrant investor visa program offers more advantages and fewer constraints than any other visa program in the world.

The United States has no requirements as to age, business training, management skills or other experience, and language skills requirements. The EB-5 permanent visa requires no future re-qualification.
The education benefits of permanent residents are available to all EB-5 visa holders such as admission to State universities at state residency costs.
During the period of temporary permanent visas there is a residency time requirement.
Legal permanent residents under the EB-5 Investor Visa Program enjoy the same benefits as every other United States resident absent the right to vote.
Investors may work, live, or own their own proprietary businesses anywhere in the United States regardless of the location of the EB-5 investment locations.
Qualifying investors, their spouse and unmarried children less than 21 years of age all will be granted United States Lawful Permanent Residency.

The investors have no obligation or requirement to accept employment.
Permanent residents need not be continuously and physically present in the United States, and they can maintain business and professional relationships in their country of origin (some requirements exist ask your immigration counsel).
The EB-5 investment program does not require immigrant investors to manage their investment on a daily basis, but rather they are allowed to be deemed to ‘actively engage’ in a business enterprise, meaning they can be limited partners (this is the structure of all CMB investments) and pursue other professional or personal ventures.
Should the investor and his or her family elect to become United States citizens, the time spent as conditional permanent residents is credited towards the five year lawful permanent residency requirement for United States citizenship.
As a permanent resident, the investor and his or her family are free to return to their homeland for visits or business purposes, as long as a residence is maintained in the United States.