The U.S. Citizenship and Immigration Services (USCIS) administers the EB-5 program. Congress created the program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.
EB-5 investors must invest in new commercial enterprise. New commercial enterprises can be any type of for-profit corporate structure that is established after November 29, 1990. If established on or before that date, the business must be one of the following:
Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results.
Expanded through the investment so that there is a 40-percent increase in the net worth or number of employees occurs.
Job Creation Requirements
Create/preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
Preserving jobs can only be credited if in a troubled business. A troubled business is an enterprise that has been in existence for at least two years and has incurred a net loss during the 12-24 month period prior to the priority dated on investor’s Form I-526. The loss must be at least 20 percent of the troubled business’ net worth.
It is possible to have a job-sharing arrangement in which two or more qualifying employees share a full-time position. Hourly requirement per week must be met. Positions must be permanent.
There are 2 types of jobs:
Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise that has directly received investment.
Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor.
Calculation can only be used if affiliated with a regional center.
Capital Investment Requirements
Other tangible property
Indebtedness secured by assets owned by alien entrepreneur (investor)
Capital is valued at fair-market value in USD.
Assets acquired by unlawful means cannot be considered capital. Money trail must be available and verifiable.
Capital cannot be borrowed.
General minimum investment is $1 million.
Targeted Employment Areas minimum investment is $500,000.
Targeted Employment Area: at the time of investment, is a rural area or experiencing unemployment of at least 150 percent the national average rate.
Rural Area: outside a metropolitan statistical area or outside the boundary of any city or town having a population of 20,000 or more.
Attorney Blake Stewart may be able to help with all business documents necessary for such a visa. It is important to have a business attorney who is knowledgeable concerning the laws governing EB-5 investments to ensure all criteria are being met in regards to business agreements.
Blake Stewart is also fluent in English and Spanish to better communicate legal needs between parties.
Note: Blake Stewart is not an immigration attorney. He is happy to work intimately with trusted immigration attorneys to best represent his clients.