The EB-5 Program and Immigration - Cantey Hanger - Fort Worth Immigration
Susan E. Lane

Susan E. Lane

The EB-5 Program and Immigration

If you’re an investor, you could qualify to come into the United States under the EB-5 program. Known as the Immigrant Investor Program, this type of immigration was created by Congress in 1990 to help stimulate the U.S. economy – and it’s still going strong today. This employment-based immigration program allows 10,000 people into the U.S. each year.

What is the EB-5 Program?

The EB-5 program requires investors to invest in new commercial enterprises in order to come to the United States. A new commercial enterprise is one that was established after November 29, 1990. However, if you buy and restructure a business that existed before that date to create a new commercial enterprise, or if you expand it through investment and your expansion results in at least a 40 percent increase in the company’s net worth or number of employees, the business could count as a new commercial enterprise.

What is a “Commercial Enterprise”?

A commercial enterprise is any for-profit activity formed for the purpose of conducting legal business, such as a:

  • Sole proprietorship
  • Partnership
  • Holding company
  • Joint venture
  • Corporation
  • Business trust
  • Publicly or privately owned entity

What Are the Job Creation Requirements for the EB-5 Program?

You must invest the required amount of capital that will create full-time positions for at least 10 qualifying employees.

What is the Capital Investment Requirement for the EB-5 Program? The EB-5 Program and Immigration

Capital can refer to cash, equipment, inventory, tangible property, equivalents or indebtedness that’s secured by assets in some cases. While the minimum investment may vary, it can range between $500,000 and $1.8 million, depending on the location of the investment. These numbers are subject to change, so it’s best to speak with an attorney if you’re considering using the EB-5 investor program for immigration purposes.

4 Steps to Getting an EB-5 Visa for U.S. Immigration

For many people, working with an immigration attorney is the simplest way to obtain an EB-5 visa. Once you’ve found an appropriate investment, here’s how getting the visa typically works:

  1. You make the investment and your attorney files the petition with the U.S. government. Usually, you’ll put your investment in an escrow account. Then, your attorney will file the petition, showing that you’ll create ten or more full-time jobs for qualified workers through your business plan.
  2. The U.S. government may request additional information. Because this type of visa petition can be complex, the government may ask you to provide additional information. You should provide the information to your attorney as quickly as you can.
  3. You’ll apply for a conditional green card with your attorney’s help. If the government grants you a conditional green card, you’ll have up to two years to find the ten (or more) employees to qualify for the EB-5 program.
  4. You’ll ask the U.S. government to remove the conditions. When you’ve met the appropriate requirements, you can petition the government to remove the conditions from your green card so you can receive a permanent green card.

Do You Need to Talk to an Immigration Lawyer About the EB-5 Investor Program?

If you’re considering immigrating to the U.S. using the EB-5 investor program, you may want to talk to an attorney as soon as possible. Call us today to schedule your consultation – we’ll answer your questions and help you get on the right path.

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