EB-5 Investors Visa and Pilot Program

The EB-5 Investors Visa category was promulgated by Congress in the Immigration Act of 1990 to attract foreign investors into the United States. There are 10,000 visas in the EB-5 category annually, with 3,000 reserved for foreign investors willing to participate in the EB-5 Pilot Program.

Requirements

• Applicant must establish a business or invest in an existing business that was created or restructured after November 19, 1990
• Applicant must have invested $1 million ($500,000 in some cases) in the business
• The business must create full-time employment for at least 10 US workers
• The investment capital must be “lawfully gained” and the capital must be at risk for investment purposes

EB-5 Pilot Program

This program reduces the required investment sum to $500,000 if the commercial enterprise that receives the investment is located in a Targeted Employment Area (TEA). This program also does not require the applicant to employ 10 US workers. It requires though that 10 or more jobs are created indirectly as a result of the investment.

Conditional Permanent Residence

Upon approval, the immigrant investors, their spouses and dependent children, are subject to conditional permanent residence for a two-year period. The alien should file a petition to remove conditions during the 90-day period prior to the two-year mark of the conditional green card. The Immigration Service will examine the business to check if the alien has complied with all the requirements of being an EB-5 investor.