The EB-5 Visa

For the right amount of investment in the right company, foreign nationals may be able to obtain permanent residence through the EB-5 Investor Program. At its core, the EB-5 program requires an active investment of $1.8 million in an enterprise that will create ten full-time jobs for U.S. workers. Beyond those baseline requirements, there are alternative paths and vehicles that investors can use depending on their resources and preferences.

The Regional Center path requires a group of investors to pool their money into a larger project, like constructing a convention center, that will produce the required ten jobs for each foreign investor. Regional Centers facilitating these types of project must be approved by USCIS for such a status. After that, each individual investor will submit their own petition to USCIS, and the ultimate outcome will depend on the success of the project. This is the more common and preferred route for EB-5 investors, but Regional Centers must be carefully selected.

The other route is more independent – the investor will use the funds to either create their own enterprise from scratch or take over a failing business. This route requires the investor to take a much more active role in the creation and operation of the business. This route is riskier because of the reality that a significant number of business fail in the first couple years – and the ten jobs for U.S. workers requirement will remain in force for at least two years.

There are some additional factors and circumstances that surround the EB-5 program. First, the total investment amount can be lowered to $900,000 if the enterprise will be located in a “Targeted Employment Area,” an area that is rural or affected by high unemployment. Second, EB-5 approvals only result in conditional permanent resident status and after two years the investor must reaffirm to USCIS that the enterprise is still functional and offering full-time employment to at least ten U.S. workers. Finally, all investment funds must be traced, with documentary evidence, back to a lawful source and all the way through to actual investment. This paper trail is essential to success.

The EB-5 Investor Program is one of the most complex and intensive filings in the U.S. immigration system. Investors not only need an immigration attorney to assist, but often a tax/business attorney as well, and sometimes evaluators and business planning professionals. We strongly encourage investors to find a reliable immigration attorney to help in preparing the filing and ensuring all the legal requirements are met, supported with probative evidence.