Unlike other visas available through the USCIS, the EB-5 visa and EB-5 Immigrant Investor Program was created solely to create jobs and growth within the United States.

Initiated after the Immigration and Nationality Act was passed in 1990, the EB-5 offers the opportunity for foreign investors to invest in the United States and fast track their application for a U.S. green card and citizenship.

Foreign investors have two options for investment to qualify for the program. All investment is valued at fair-market value in U.S. dollars.

1. Directly investing $1 million to create 10 full-time jobs. (Indirect jobs are not considered, only direct employment through the company invested in).
2. Investing $500,000 in a Targeted Employment Area (TEA) through a regional center. TEAs are regions with a minimum population of 20,000, where unemployment is at least 150 percent of the national average. The 10 required full-time jobs for Americans can be direct or indirect.

The capital used for investment may be in the form of legally acquired cash, equipment, inventory, tangible property or cash equivalents, and indebtedness secured by assets owned by the alien entrepreneur.

Being an Immigrant Investor Can Fast-Track Your Green Card

The EB-5 program is currently the only visa program which permits foreign investors to obtain a green card. To qualify, investors can apply to contribute as stated above; once the application is approved, the investor can apply for conditional residence (green card). Conditional residence status is valid for 2 years, and can result in permanent residency if after that period of time, the investment has resulted in the required (10) full time jobs for Americans.

Although the program was initiated by Congress in 1990, very few visas were being claimed each year due to a long, complex application process and high denial rate. In 2005, USCIS implemented the Investor and Regional Center Unit to help with internal coordination, and since that time, approval rates have vastly improved.

Additional Benefits of EB-5 Visas

The EB5 program spurs the U.S. economy by creating jobs for American citizens, and therefore gives foreign investors distinct benefits, including:

U.S. citizenship after just 5 years
No sponsor required
No restrictions on where to reside within the United States
Travel to and from United States without restriction
Green card eligibility for spouse and all minor children
Access to all rights and benefits given to U.S. citizens

Since there is no waiting list for getting EB-5 Green Card, the investor and eligible family immediately receive their conditional residency upon EB-5 approval by USCIS.

Which Business Entities are Acceptable for Foreign Investment?

There are several types of business entities in which a foreign investor seeking an EB-5 visa can invest.

New Commercial Enterprises: Investment may be in any legal, for-profit entity, including public or privately held corporations, limited partnerships, general partnerships, sole proprietorships or trusts. The chosen commercial enterprise must have been established after November 29, 1990.
Exceptions to “New Commercial Enterprises”: Older business entities may qualify for the program if the foreign investment results in a 40% increase in either personnel or company net worth. A complete restructuring of an older company may also be acceptable.
EB-5 Regional Centers: An EB-5 regional center is an economic unit, designated by the USCIS, which is involved with promoting local economic growth.

As of this writing, the EB-5 regional center program had been extended until December 7, 2018. It is also important to note that these opportunities may be limited based upon low unemployment rates in many regions. Potential immigrant investors and entrepreneurs should call an immigration attorney for updates as to the status of that program. Probinsky & Cole are experienced in all aspects of immigration law and are happy to answer any questions you may have about EB-5 visas, or any other immigration concerns.