What is the EB-5 Visa Program

$800K*

Investment

10 Fulltime Jobs

= Green Card

The EB-5 Visa Program refers to the employment-based fifth preference visa. Under the EB-5 Visa Program investors and their spouses and unmarried children below the age of 21 can apply for a Green Card (permanent residency in the U.S). Investors who want to make a substantial investment in a U.S-based company or want to incorporate their own company are eligible for the EB-5 Visa Program. The EB-5 Visas are capped at 10,000 foreign investors (including their families) each year. The priority date for Indian nationalities is current.

The investor must:

Invest $800,000 or more depending on the location of the new business or New Commercial Entity (NCE).

Create at least 10 full-time jobs to be eligible.

Investment Amount

The capital can comprise cash, cash equivalents, equipment, inventory, tangible property, and the indebtedness of the immigrant investor (if they are personally and primarily liable).

The capital must have been acquired legally and under the ownership of the immigrant investor. Moreover, the capital must be valued at fair-market value in U.S dollars to meet the investment requirements.

Regional Center:

An applicant invests $800K in a TEA (Targeted Employment Area) or $1.05 million in the non-TEA zone through a public or private entity designated by USCIS known as Regional Center (RC).

The investor should also be able to prove that the EB-5 project has created 10 or more jobs either directly, indirectly, or induced.

Direct Investment:

An applicant invests $800K in a TEA (Targeted Employment Area) or $1.05 million in the non-TEA zone in a for-profit business referred to as New Commercial Enterprise (NCE) established after Nov. 29, 1990.

Immigrant investor can also create their own commercial enterprise for-profit to conduct lawful business in the country.

What is TEA location?

The United States Citizenship and Immigration Services (USCIS) has several regions across the country such as rural areas and areas with high unemployment rates (defined as 1.5 x of the national average employment rate) as Targeted Employment Areas (TEA).

The USCIS administers the EB-5 Immigrant Investor Program, to promote economic growth in these areas, by offering Green Cards to foreign investors who invest a minimum capital of $800,000 in a new commercial enterprise (NCE) within a TEA zone.

Note:

Common-law partners and any children below the age of 21 but married are not eligible.

Same-sex spouses are also eligible for application.

Adopted step-children below 21 years of age and unmarried can also obtain Green Cards along with immigrant investors.

Source of Funds

The immigrant investor can invest funds acquired from multiple sources such as a job position at a company, business, bank deposits, and/or selling of assets, patents, or stocks. The entire investment amount should be traceable and the source of origin must be known.

The USCIS verifies the source of funds for money laundering. Therefore, investors must ensure that the funds used for obtaining the Visa were acquired lawfully and are traceable back to their origin.

Additionally, the immigrant investor should also be able to provide documentation and appropriate verification of the documents that show the source of funds.

Job Creation Requirements

The investment in a new commercial enterprise must create a minimum of 10 full-time jobs for U.S citizens.

Direct Investment: Full-time job positions must be created directly. Meaning the employer of the 10 qualifying employees must be the new commercial enterprise itself or its wholly-owned subsidiary.
Regional Center: Full-time jobs can be created directly or indirectly. A direct job is one in which the enterprise has a direct relationship with the employed individual. An indirect job is outside the enterprise but it exists because of the enterprise.
If the immigrant investor has purchased or invested in a troubled business, the investor must focus on job maintenance. For 2 years, the investor must retain the number of existing employees. (Or promise that the number of existing employees will not decrease over two years)
The job that requires a minimum of 35 hours/week would qualify as a full-time job.
The employee must be a US citizen or permanent resident.