Fifth Preference (EB-5) - Investors

The Immigration and Nationality Act (INA) provides for 10,000 immigrant visas per year for 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, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."

"Regional Center" Defined

1. Is an entity, organization or agency that has been approved as such by the Service;
2. Focuses on a specific geographic area within the United States; and ,
3. Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

Alien Investor Requirements

1. Demonstrate that a "qualified investment" (see below) is being made in a new commercial enterprise located within an approved Regional Center; and,
2. Show, using reasonable methodologies, 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 resulting from the pilot program.

How We Serve Our Clients

Our dynamic and knowledgeable attorneys will consult with you to determine that the nature of the investment  qualifies for this  particular immigrant visa.  We will also recommend possible alternative strategies if the proposed investment or busines enterprise renders the foreign national ineligible for this visa category.  Our attorneys work closely with both the beneficiary to ensure that the required documents are rendered and all legal issues addressed.  We relieve human resources personnel of the burdensome paperwork requirements by preparing all required forms and supporting documents for submission to the appropriate government departments and agencies.  When required, we also prepare and file applications for dependent family members to ensure a smooth transition to the United States for the beneficiary and dependent family members.  Our staff is easily accessible by both the employer and foreign beneficiary to answer questions as they arise.

Eligibility For EB-5 Immigrant Visa

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.

In general, "eligible individuals" include those:

1. Who establish a new commercial enterprise by:
   • creating an original business;
   • purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
   • expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and
2. Who have invested -- or who are actively in the process of investing -- in a new commercial enterprise:
   • at least $1,000,000, or
   • at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and
3. Whose engagement in a new commercial enterprise will benefit the United States economy and:
   • create full-time employment for not fewer than 10 qualified individuals; or
   • maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

Immigrant Petition Process

In order to seek status as an immigrant investor, you must file CIS Form I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation which clearly demonstrates that the individual’s investment meets all requirements, such as:

• establishing a new commercial enterprise,
• investing the requisite capital amount,
• proving the investment comes from a lawful source of funds,
• creating the requisite number of jobs,
• demonstrating that the investor is actively participating in the business; and, where applicable,
• reating employment within a targeted employment area.

Once the Form I-526 is approved, immigrant investors may obtain status as a conditional resident by:

• Filing Form I-485, Application to Register Permanent Residence or Adjust Status, if residing within the United States; or,

In order to become a lawful permanent resident, eligible investors must file a Form I-829, Petition by Entrepreneur to Remove Conditions. Form I-829 must be filed within 90 days before the second anniversary of an Alien Investor’s admission to the United States as a conditional resident.