Created by the U.S. Congress in 1990, the “Immigrant Investor Program”, also known as “EB-5”, is administered by the USCIS (U.S. Citizenship and Immigration Services). The objective of EB-5 is to stimulate the U.S. economy through job creation and capital investments by foreign investors.

TYPES OF INVESTMENT

All EB-5 investors must invest in a new commercial enterprise, that is:

• Established after Nov. 29, 1990; or
• Established on or before Nov. 29, 1990, that is:
  • Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results; or
  • Expanded through the investment so that a 40-percent increase in the business net worth or number of employees occurs.

COMMERCIAL ENTERPRISE

Commercial enterprise means any for-profit activity formed for the on-going conduct of lawful business including, but not limited to:

• A sole proprietorship
• Partnership (whether limited or general)
• Holding company
• Joint venture
• Corporation
• Business trust or other entity (publicly or privately owned)

This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.

NOTE: This definition does not include noncommercial activity, such as owning and operating a personal residence.

JOB CREATION REQUIREMENTS

Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a conditional permanent resident.

JOB DEFINITION

Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.

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. A foreign investor may only use the indirect job calculation if affiliated with a regional center.

INVESTMENT CAPITAL REQUIREMENTS

Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable.

The assets of the new commercial enterprise upon which the petition is based are not to be used to secure any of the indebtedness.

All capital shall be valued at fair-market value in United States dollars.

Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) shall not be considered as capital for the purposes, shall not be considered as capital for the purposes specified in the Act.

Note: Investment capital cannot be borrowed.

MINIMUM INVESTMENTS

• General: The minimum qualifying investment in the United States is $1 million.
• Targeted Employment Area (TEA): The minimum qualifying investment, either within a high-unemployment area or rural area in the United States is $500,000.

“GREEN CARD”

USCIS (U.S. Citizenship and Immigration Services) administers the EB-5 Program and, through this program, alien investors (and their spouses and unmarried children under 21 years) are eligible to apply for the Green Card (Permanent Residence).

For more information visit:
www.uscis.gov/eb-5