Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children under 21. Eligible foreign nationals are those who have invested the required amount of capital into a new commercial enterprise. They must further demonstrate that this investment will benefit the U.S. economy and create the requisite number of full-time jobs for qualified persons within the U.S.
You may be eligible for EB-5 immigrant visa if:
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You 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 per cent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 per cent of its net worth over the past 12 to 24 months
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You have invested in a new commercial enterprise:
- At least $1,000,000, or
- At least $500,000 where the investment is being made in a 'targeted employment area', which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area; and
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Your engagement in a new commercial enterprise will benefit the U.S. economy to:
- Create full-time employment for not fewer than ten qualified individuals; or
- 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 per cent of its net worth over the past 12 to 24 months
To seek status as an immigrant investor, you must file Form I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation which clearly demonstrates that your investments meet all the requirements, such as:
- Investing the requisite capital amount
- Proving the investment comes from a lawful source of funds
- Creating the requisite number of jobs
- Demonstrating that the investor is actively participating in the business; and, where applicable
- Creating employment within a targeted employment area
Once Form I-526 is approved, you may obtain status as a conditional resident by:
- Filing Form I-485, Application to Register Permanent Residence or Adjust Status, if residing within the U.S. or;
- Applying for an immigrant visa at a U.S. Consulate abroad, if residing outside the U.S.
Investors must file Form I-829, Petition by Entrepreneur to Remove Conditions, must be filed within 90 days before the second anniversary of your admission to the U.S. as a conditional resident.
You should file the Form I-526 at the USCIS Service Center having jurisdiction over the area in which the new commercial enterprise will be principally doing business.
Under section 203(b)(5) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Absolutely. We will refer you to one of the best EB-5 experts in the U.S.
Because we are experienced developers. We are not Real Estate agents helping EB-5 investors as an aside. We are career developers with proven track records of successful projects. We know what it takes to run a project on time and on budget.