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:
o Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results.
o Expanded through the investment so that there is a 40-percent increase in the net worth or number of employees occurs.
Job Creation Requirements
o 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.
o 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.
o 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.
o There are 2 types of jobs:
o Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise that has directly received investment.
o 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
o Capital includes:
o Other tangible property
o Cash equivalents
o Indebtedness secured by assets owned by alien entrepreneur (investor)
o Capital is valued at fair-market value in USD.
o Assets acquired by unlawful means cannot be considered capital. Money trail must be available and verifiable.
o Capital cannot be borrowed.
o General minimum investment is $1 million.
o Targeted Employment Areas minimum investment is $500,000.
o Targeted Employment Area: at the time of investment, is a rural area or experiencing unemployment of at least 150 percent the national average rate.
o 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.