E-B5 IMMIGRANT INVESTORS
What is the EB-5 Immigrant Investors Program? The EB-5 Immigrant Investors Program provides 10,000 immigrant visas to investors who want to establish a new business and create at least 10 full-time jobs.
What is the amount of investment necessary to obtain an EB-5 immigrant visa? The standard amount required to invest is $1 million (U.S.), although the lesser amount of $500,000 investment may satisfy the requirement if invested in a targeted employment area.
What are the requirements to obtain an EB-5 immigrant visa? The new enterprise must: (1) have been established by the alien; (2) be one in which the alien has invested or is in the process of investing $1 million (or $500,000, if investing in a targeted employment area) and, (3) the investment benefits the U.S. economy and creates full-time employment for at least 10 U.S. workers.
How can an EB-5 investor establish a new commercial enterprise? A new commercial enterprise may be established in three ways: (1) by creating an original business; (2) purchasing and restructuring an existing business; or (3) expanding and thereby substantially changing the net worth or number of employees in a business so that there is a 40 percent increase in net worth or in the number of employees.
Can the investor and his family be counted to satisfy the 10 employee minimum? No. The investor, his or her spouse and children may not be counted to satisfy this requirement. The 10 employees must be U.S. citizens, lawful permanent residents or other immigrants lawfully authorized to be employed in the United States.
Is the EB-5 investor required to hire 10 employees before he or she can obtain an immigrant visa?
No. The Immigration and Naturalization Service does not require retention of employees until a reasonable time after conditional visa issuance. What is the process for an EB-5 investor to obtain a conditional permanent residence in the United States?
The EB-5 process is started by the investor filing Form I-526 with the Service Center with jurisdiction over the location where the commercial enterprise will be located. If in legal status, the EB-5 investor may also file an application for adjustment of status to permanent residence by filing Form I-485.
Who can obtain an immigrant visa under the EB-5 program?
The investor, his or her spouse and minor children may obtain an immigrant visa under the EB-5 program.
Disclaimer: The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Also note that the INS fees are subject to change without notice. For current INS fee information contact the U.S. Immigration and Naturalization Service directly 2008© 2017 Copyrights THE ROYAL PARADISE L.L.C. & ASSOCIATES All Rights Reserved
