EB-5 Category
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 Requirements
For example,
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.
The investor must document that the capital invested has been
legally obtained.
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.
If you think that generally you meet the
above criteria, you and your immediate family members are likely
to qualify for permanent residency in the US .
