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EB-5 VISA PROGRAMS

EB-5 VISA PROGRAMS

Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 3,000 are reserved for those who apply under a pilot program involving an USCIS-designated Regional Center.


Who qualifies as an EB5 investor?

  • Purchased an existing business and simultaneously or subsequently restructured or reorganized the business such that a new commercial enterprise results; or

  • Expanded an existing business by 120 percent of the pre-investment number of jobs or net worth, or retained all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months

  • At least $1,800,000 in his own business, or

  • At least $900,000 where the investment is being made in a “targeted employment area”, which is an area that has experienced unemployment of at least 150 percent of the national average rate or a rural area as designated by OMB

Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.


Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 3,000 are reserved for those who apply under a pilot program involving an USCIS-designated Regional Center.


Investors must demonstrate that a “qualified investment” is being made in a commercial enterprise and that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment.


Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested — or are actively in the process of investing — the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

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