Some Quick Facts About EB5 Immigration

EB5immigration allows immigrants to obtain a conditional two-year Green Card by investing in a business venture in the U.S. in one of three ways:

• Starting up a new business with a minimum capital investment of $1 million
• Purchasing and restructuring an existing business with a minimum $1 million investment
• Investing a minimum of $500,000 in a qualifying Regional Center project

The enterprise in which the immigrant invests may be any for-profit entity engaged in a lawful business.

Types of Capital Investment in the EB5 Program

The typical investment under the EB-5 immigration program is in the form of cash. However equipment, inventory, cash equivalents, and other tangible property may qualify as long as the investor is personally liable for the assets. The EB5 immigrant must prove that the investment capital was obtained lawfully.

Creation of Jobs by Investor Immigrants

The business venture started by the EB-5 immigrant must create 10 or more full time jobs for U.S. residents, not including the investor's spouse or children. "Full time" is defined as a minimum of 35 hours per week. Two employees may share a full time job, but part time positions cannot be added together to equal a full time job even if the two add up to more than 35 hours per week.

Some Requirements for EB5 Applicants

The application submitted to the INS under the EB-5 immigration program must include:

• Proof that the capital has been placed in escrow and is ready to be transferred into the business enterprise
• Proof that the necessary capital has been invested
• Proof that the investment capital was obtained lawfully

 
There are many other requirements, and many investor immigrants work with EB5 consultants during the application process to ensure all procedures are followed.

Pursuing U.S. Citizenship Under EB5

After two years, the EB-5 immigrant may petition to have conditions removed from his or her Green Card. Once conditions have been removed, after three more years, he or she may pursue U.S. citizenship. The EB5 program has proven to be very popular among investors from other countries, and U.S. businesses actively court EB-5 immigrants as sources of investment capital.