Congress created the EB-5 visa in 1990 to give the US economy a boost by fostering foreign investment in the US by creating new jobs. The EB-5 visa allows investors to come to the US for a conditional two-year period and, if they can satisfy the requirements of the visa, become eligible to receive full legal permanent resident status.
There are several requirements for an EB-5 visa. First, the potential immigrant must invest in a new commercial enterprise, which means that it was founded after November 29, 1990 or, if established before that date, the new foreign investment must sufficiently reorganize or expand the enterprise by increasing its net worth by at least 40%. The commercial enterprise must be a for-profit business.
The investment in the commercial enterprise can take the form of cash, equipment, inventory or other tangible property, but must be worth more than $1 million (or $500,000 if the investment is in a high-unemployment area or a rural area).
The investment must create at least 10 full-time jobs for US workers in the first two years of the investment. US workers are any US citizens or immigrants with valid work authorization. These full-time jobs can be created either directly (in the commercial enterprise itself) or indirectly (proven to have been created as a result of the investment). The statute also allows the immigrant investor to preserve 10 jobs, but this is only allowed if investment is made in a business that has had a net loss during the previous one to two years ("troubled business").
If you are interested in coming to the United States as an immigrant investor, contact the Hacking Immigration Law today at (314) 961-8200 or by filling out the online contact form. Our immigration specialists are ready to answer any question you have about the requirements and the procedure for becoming an immigrant investor.
