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.

Examples of U.S. Investment Under the EB5 Program

Investors from countries outside the U.S. can obtain EB5 visas by investing a minimum of $500,000 in a U.S. enterprise that creates or preserves at least 10 full time jobs for U.S. workers. Up to 10,000 of these visas may be granted in a given year, and the program is very popular among both foreign investors and U.S. businesses in areas where unemployment rates are high.

Charter Schools in Florida

In 2012, Chinese investors have invested tens of millions of dollars into the charter school program in Florida and plan to invest even more in future years. Connecting EB5 investors with charter school projects has become a priority with Florida investment advisors. Florida is a popular state for EB-5 investors who want to retire in the United States, due to its mild climate and vibrant international population.

Ski Resorts in Maine

Though Maine has not traditionally had a large Chinese immigrant population, that could be changing as investment groups in the state actively seek out those interested in obtaining EB5 visas. One ski resort is looking to raise up to $25 million in capital for expansion of the facilities. If they're successful, hundreds of new jobs could be created. Maine business owners have visited China to talk to potential EB-5 investors about the opportunities available in the state of Maine.

Hotel Projects in California

The city of Los Angeles has long dealt with hotel room shortages, and a recent ruling by U.S. Citizenship and Immigration Services that "tenant occupancy" job creation counts toward EB-5 job creation goals is expected to increase EB-5 investment in L.A. hotel projects. A new Marriott project in downtown is expected to eventually create over 3,000 new jobs, partly through EB-5 investment.

EB-5 Consultants Ramp Up Efforts

EB-5 consultants in many places in the U.S. are finding themselves very busy assisting investor immigrants with the process of obtaining a conditional Green Card under the program. Though the EB5 process, like any immigration process, is complicated, there is quite a bit of flexibility that appeals to people who want to immigrate to the U.S. while investing in new or existing U.S. Businesses.