EB-5 Visas for Immigrant Investors

The information regarding EB-5 on this page is for your information.  The Law Offices of KahBo Dye-Chiew does not assist clients in applying for EB-5 visas.

Over two decades ago, Congress encouraged foreign capital investment in the United States by creating EB-5 Investor Visas for Immigrant Investors. The Immigrant Investor Program benefits the U.S. economy and provides an avenue for foreign nationals to immigrate to the United States.

How EB-5 visas work

The United States Citizenship and Immigration Services (USCIS) manage the Immigrant Investor Program. The USCIS sets aside visas for certain designated investors in Regional Centers for increasing economic growth.

To qualify for EB5, the immigrant investor is required to:

• Invest $1,000,000.00 into a commercial entity (if the commercial entity is located in a rural area or an area of high unemployment, the minimum investment is $500,000.00)
• Create at least ten (10) full-time jobs for U.S. workers
• Be engaged in the management of the commercial entity
• Prove that the funds for the investment were lawfully obtained

USCIS immigration law for investors requires that the commercial enterprise be established after November 29, 1990. Alternately, purchase and establishment of the enterprise may have occurred on or before November 1990, and be either a restructured or reorganized business that resulted in a new commercial enterprise, or expanded through the investment and created a 40 percent increase in number of employees or net worth.

Regional centers

An investor may qualify for an EB5 visa if he/she makes an investment into a commercial enterprise established by the investor or into a “Regional Center”. In general, a Regional Center seeks to pool together investments from multiple investors into a project which will result in the creation (either directly or indirectly) of at least ten (10) jobs per investor. The Regional Centers are often set up as limited partnerships, which enables the investor to meet the requirement of being engaged in the management of the enterprise even though his/her participation is limited. In summary, the Regional Center allows an investor to qualify for EB-5 without having to be specifically involved in the creating the jobs and managing the commercial enterprise.

Benefits of an EB-5 visa

The approval process typically takes six to nine months from the time your immigration lawyer submits the application. There are new initiatives being implemented by the USCIS to speed up the processing of the EB-5 Visa in order to encourage more investment into the United States. Acquiring an EB-5 Visa allows the investor, spouse, and children under 21 to obtain conditional permanent residency for a 2-year period. The conditions on permanent residence can be removed so long as the investor continues to meet the requirements for EB-5 visa classification at the end of the 2-year period.