EB-5 Visa Applications

Getting a Green Card though an EB-5 Visa

Congress created the EB-5 immigrant investor visa category in the Immigration Act of to attract foreign capital to the US and creating jobs for American workers in the process. Depending on where the enterprise business is, the minimum amount for investment is $1,000,000 or $500,000.

Basic requirements for the EB-5 visa

There are three basic requirements as follows:

  • First, the alien must establish a business or invest in an existing business that was created or restructured after November 19,1990;
  • Second, the alien must have invested $1 million ($500,000 in some cases) in the business;
  • Third, the business must create full-time employment for at least 10 US workers.

Ways the EB-5 investor can meet the requirement for a qualifying business

There are three ways of meeting the requirement a qualifying business:

  1. The creation of an original business with the required minimum investment;
  2. The purchase of an existing business with simultaneous restructuring or  reorganization such that a new commercial organization results; or
  3. Expansion of an existing business created after November 1990 through the investment of the required amount and the creation of ten new jobs.

Types of investments allowable to meet the requirements for the EB-5 program

The investment must come from lawful means and can be in the form of cash, cash equivalents (such as certificates of deposit, treasury bonds, or other instruments that can be converted readily into cash) equipment, inventory, other tangible property, indebtedness secured by assets owned by the alien provided that he or she is personally and primarily liable and the assets of the new commercial enterprise are not used to secure any of the indebtedness.

Investment required to be an EB-5 investor

The basic investment amount is $1,000,000 or $500,000 for a business established in a “targeted employment area.”

Targeted employment areas include:

  1. Rural areas, defined as any area other than one within a metropolitan statistical area or within the boundary of a city or town with a population of 20,000 or more; and
  2. Areas having an unemployment rate that is at least 150% of the national average.

Multiple investors may establish a new commercial enterprise which can be the basis for the EB-5 classification. However, each investor must meet the requirements for the EB-5 classification separately, that is, each investor must create 10 jobs for US workers.

List of Documents (General) 

  • Articles of incorporation, partnership agreements, organizational documents;
  • Business plan;
  • Evidence of lease agreements for the qualifying enterprise;
  • State business licenses (if applicable);
  • Evidence that the required amount of capital has been transferred;
  • Evidence that investment has resulted in the substantial increase of net worth (if applicable);
  • Documentation of source of investment;
  • Documentation of assets purchased or transferred from abroad for the qualifying enterprise.
  • A statement of position or title and a description of duties
  • Evidence EB-5 investor is a corporate officer or member of the board of corporate officers (if applicable)

NOTE:

EB-5 Investor must be engaged in the management of enterprise either through day-to-day managerial control or through policy formulation. A purely passive role is not permitted.

Are you a Canadian and need an EB-5?

Contact us for an assessment and we can assist you with an EB-5 Visa for US Permanent Residence.