US Immigration Visas : Immigrant Visas

Investment Based

The EB-5 Visa
To obtain an investment-based green card, one must invest in a new commercial enterprise that will create full-time employment for at least 10 persons other than the investor’s spouse and children. The usual minimum investment is U.S. $1 million, but may be U.S. $500,000 if the investment is in a designated rural or high unemployment area. The required amount can be higher if the investment is made in an area of high employment. 10,000 of these immigrant visas are available per year but 5,000 of these are set aside for those who invest in these designated rural or high unemployment areas.

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. In general, the investors are only eligible where they 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 
• The investor must 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.

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 “Regional Center.” This is basically an investment with an entity, organization or agency that has been approved as by the Immigration Authorities which focuses on a specific geographic area within the United States; and seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment. It must be demonstrated that a "qualified investment" is being made in a new commercial enterprise located within an approved Regional Center; and, that 10 or more jobs are actually created by the new commercial enterprise. This investment in a commercial enterprise within an approved regional center may allow investors to invest $1,000,000 or $500,000 (as set out above) with out having to manage a business themselves.

Our firm does not act for or exclusively refer our clients to any regional center.  We can independently assist you in determining what visa or regional center may suit your circumstances.