EB5 is the employment-based fifth preference visa category reserved for investors. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a green card if they meet the eligibility criteria.
The immigrant investor must invest at least the standard minimum investment amount in capital in a new commercial enterprise that creates not fewer than 10 jobs for U.S. workers. An exception exists if the immigrant investor invests his or her capital in a new commercial enterprise that is principally doing business in and creates jobs in a targeted employment area. In such a case, the immigrant investor must invest a minimum of 50 percent of the standard minimum investment amount in capital.
This means that the present fair market value, in U.S. dollars, of the immigrant investor’s lawfully-derived capital must be at least $1,000,000, or $500,000 if investing in a targeted employment area for petitions filed before November 21, 2019. For petitions filed on or after November 21, 2019, those amounts are $1,800,000 or $900,000 respectively, and automatically increase October 1, 2024, and every 5 years thereafter.
The creation of jobs for U.S. workers is another critical element of EB5. It is not enough that the immigrant investor invests funds into the U.S. economy. The investment of the required amount of capital must be in a new commercial enterprise that creates at least 10 jobs for qualifying employees. Petitioner’s source of investment funds is obtained through lawful means. The petitioner should also be involved in the day-to-day management of the new business or directly manage it through formulating business policy.
Why hire us for EB5
Attorney Xiaomin Hu has represented many investors in their EB5 petitions, including direct investment and regional center investment. She has successfully obtained an I-526 EB5 approval after NOID (Notice of Intend to Deny) based on the indebtedness issue. The above basic descriptions of EB5 cover the main requirements, but EB5 requirements have numerous nuances and require significant documentation.