Foreign investors must meet specific United States Citizenship and Immigration (USCIS) requirements to obtain their permanent residency through the EB-5 visa program. In general, the investor must meet the following three (3) requirements: (i) capital investment amount requirements, (ii) job creation requirements, (iii) and ensure that the business receiving the investment qualifies for the EB-5 program.
FAMILY OF EB-5:
EB-5 visa applicants, their spouse, and their children under 21 will obtain their permanent residency green card once all requirements have been successfully met and approved by the USCIS.
equired EB-5 Investment Amount
EB-5 visa applicants are typically required to make either a $500,000 or $1 million capital investment amount into a U.S. commercial enterprise. The EB-5 investment can take the form of cash, inventory, equipment, secured indebtedness, tangible property, or cash equivalents and is valuated based on U.S. dollar fair-market value.
The minimum amount of capital required for the EB-5 visa program is $1 million. However, if the commercial enterprise is located in a rural area or economically depressed area (with unemployment of 150% of national average), then the investment amount can be $500,000.
High unemployment areas are geographic locations with an unemployment rate that is at least 150 percent of the national unemployment rate at the time of the EB-5 investment. Rural areas are geographic regions that are outside of a city with a population of 20,000 or more. Rural areas can also be geographic regions that are outside of what the U.S. Office of Management and Budget has designated as metropolitan statistical areas.
EB-5 Job Creation Requirements
The USCIS requires that EB-5 investments result in the creation of at least 10 full-time jobs for U.S. workers. These jobs must be created within the two-year period after the investor has received their conditional permanent residency.
EB-5 Business Entities
There are several types of business entities in which an EB-5 visa applicant can invest. In general, the applicants can invest directly in a new commercial enterprise or in an existing commercial enterprise.
If the investment is in an enterprise that was established several years ago, then the investment must lead to a 40-percent increase in the number of employees or net worth of the enterprise.
EB-5 Visa Requirements Summary
$1 million capital investment, or $500,000 in a rural or economically depressed area;
The investment must be made in a for-profit U.S. active commercial entity; and
The investment must create 10 full-time U.S. jobs for two years.