150 S. Washington Street, Suite 202
Falls Church, VA 22046
Phone   (703) 534-5588
Fax   (703) 534-5585

EB-5 Category

Category:  EB-1  |  EB-2  |  EB-3  |  EB-4  |  EB-5

Law Generally

Under, Section 8 CFR § 204.6 an Enterprenuer investing USD $1 million or more in a new commercial enterprise in the US that will each create at least 10 jobs is eligible for permanent residency. Besides the amount of investment (USD $1 million) and creation of 10 jobs for American workers certain other requirements must be met.

Additional Eligibility Requirement:

  • If the business being purchased is not really new, but an established business, then an existing business must be proved to being expanded by 40%;
  • The investor has to be involved in the management of the enterprise either by policy formulation or day to day management. Participation as the board member of a corporation suffices, as does limited partnership under the Uniform Limited Partnership Act. This means that the investor himself must be in control of his enterprise, although he might be spending significant time outside of the US , if he prefers.

Investment in the enterprise need not be limited to an alien entrepreneur. One or more entrepreneurs may invest in the enterprise, including alien entrepreneurs seeking the benefit of this provision, provided that at least ten jobs are created for each alien seeking benefits. Therefore, theoretically, with your investment of $2.8 million two different investors can qualify for permanent residency, provided however 20, not 10 jobs are being created.

The jobs created must be full-time jobs for U.S. employees as defined in the regulations; a full-time job counts as a single job even though it may be shared part-time by more than one U.S. worker.

Capital need not be in cash, but can be equipment, inventory or other tangible property. A bank loan can serve as an investment if such loan is secured by Investors assets.

Low Employment Areas

As was mentioned before, foreign nationals are eligible to receive permanent resident status in United States if they invest 1 million dollars or more in U.S. Economy. This amount is reduced to $500,000.00 if the investor is creating jobs in a rural area where unemployment is 150% of the National Rate. Such areas are called “Employment Targeted Areas” since entrepreneurs are encourages to invest in these areas and create jobs.

EB-5 Pilot Program

Originally, the only option in the EB-5 Program was for an individual to invest either $1 million in a commercial enterprise or $500,000 if the enterprise was located in a rural area. In 1993 Congress created the Immigrant Investor Pilot Program reserving 3,000 of the 10,000 allocated visas for foreigners investing in designated Regional Centers across the United States.

This program opened more investment opportunities for potential applicants due to numerous advantages of the regional center EB-5 application process compared to the individual EB-5 process. Firstly, the amount of capital to be invested in investment project through Regional Center is reduced to $500,000, and, secondly, investors are permitted to demonstrate that their investments created 10 U.S. jobs either directly or indirectly.

The investor must document that the capital invested has been legally obtained.

For more information about EB-5 Program, please visit our website www.eb5-invest-in-us.com

Click here for the list of Immigrant Investor Regional Centers approved by USCIS.


TUESDAY, January 24, 2012

12:00 p.m.                                                   9:00 p.m.
EST (Washington D.C., USA)                         GMT+4 (Moscow, Russia)

Attorney Elizabeth Krukova
invites you to join a WEBINAR
«Green Card through EB-5 Investor Program»

Contact Name in SKYPE: Elizaveta_attorney