What Should You Know About EB-5 Visa?

What Should You Know About EB-5 Visa?

Investment Visa EB-5

EB-5 Invesment Visa

This program was created by Congress in 1990 to stimulate United States economy creating new job opportunities by foreign capital investment. It was enacted as a pilot in 1992 and has been reauthorized since then. Investors may qualify to EB-5 by investing in programs designed by USCIS centralized in creating job opportunities.

If you want to know USCIS policy on EB-5 adjudications read the following link  Volume 6, Part G of the USCIS Policy Manual.

Investors that want to apply to EB-5, must invest in a new commercial enterprise, which is determined as:

  • Established after November 1990
  • Established before November 1990 with the following requirements:
  1. Internally it´s reorganized in a way that generates a new company.
  2. Investment makes the organization expand at least in 40% in net worth or in number of employees.

Commercial enterprise; Under USCIS is defined as any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:

  • Business trust
  • Corporation
  • Holding company
  • Joint venture
  • Partnership
  • A sole proprietorship
  • Other entity (Publicly or privately owned)

Requirements for Job Creation

EB-5 visa demands a certain amount of investment for a new commercial enterprise that creatre will full time jobs for 10 qualified employees.

–          If the commercial enterprise is not located in a regional center, itself must be the employer of the qualified jobs.

–          If the commercial enterprise is located in a regional center, the qualified jobs can be directly or indirectly hired by the company.

Indirect jobs are those that are done outside the company, but were created as a result of the investment.

Direct jobs are those where the employee and employer have a direct relationship between each other.

 Requirements of Capital

The immigrant investor can apply capital with cash, properties, cash equivalents or indebtedness secured by possessions owned by the investor.

Investments minimum requirement are:

–          Minimum requirement investment in United States is $1 million

–      In rural areas or high-unemployment areas, the minimum investment is $500,000


Eliana Phelps

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