EB-5 stands for employment-based fifth preference visa.
The EB-5 Program
What is the EB-5 Program
Specifications
What are the advantages?
A Green Card entitles you to legal permanent residency in the United States. As an investor under the EB-5 program, your spouse and unmarried children under age 21 are also eligible to acquire permanent residency in the United States under the same EB-5 application (through only one investment of $900,000 or $1,800,000 as applicable). As a permanent resident, you can live, work, and own property, and your children can attend schools anywhere in the United States.
KEY EB-5 REQUIREMENTS
There are five key requirements for immigrant investors to successfully participate in the EB-5 program
Minimum Capital Requirement
EB-5 visa applicants are typically required to make either a $1.05 million U.S. dollars or $800,000 capital investment amount into a U.S. commercial enterprise. The minimum amount of capital required for the EB-5 visa program may be decreased from $1 million to $800,000 if the investment is made in a commercial entity that is located in a targeted employment area (TEA).
New U.S. Jobs Requirement
The USCIS requires that EB-5 investments result in the creation of 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
Background Check
Proof that investor is not a convicted criminal, no history of financial fraud or has not previously violated U.S. immigration laws.
Legally Sourced Investment
Can clearly document the funds required to make the investment are from a lawful source. Always consult with US immigration counsel on this topic for pre-planning, options and strategies. Acceptable options include, but are not limited to, the following:
Salary | Gifts of money from family & friends | Profits made from sale of real estate | Loan
At Risk Investment
Investment must be “At Risk” (i.e. fully invested in the project) for a period of no less than 5 years.
Per U.S. law, the EB-5 investor cannot be offered any guaranteed return on or of principal, nor possess any redemption rights on capital.
