The EB-5 Visa program is a tried-and-true method of U.S. job creation that enables foreigners to seek a green card while investing significant funds into U.S. enterprises. Foreign nationals from many countries, but most particularly China and India, pursue the EB-5 path to U.S. residency. An increasing number of U.S. businesses rely upon EB-5 money to fund projects which create jobs for U.S. workers here at home.
The minimum investment for EB-5 immigration is currently either $500,000 or $1,000,000, depending upon whether the project is located in a Targeted Employment Area (TEA). If the area is designated as a TEA, that means it is either rural or experiencing an unemployment rate of at least 150% of the national average. Regardless of whether someone seeking an EB-5 immigration path chooses to invest into a TEA, there are two main ways that they can invest their funds: direct investment or investment through an EB-5 regional center. Either way requires the foreign investor to create at least 10 full-time U.S. jobs, however, the methodology for counting created jobs is quite different depending upon the method of investment.
Direct EB-5 Investment
The first method is through direct investment. An example of a direct investment project could be an investor choosing to open a small hotel that will employ at least 10 people full-time. Unless the proposed hotel is located in a TEA, there is a minimum $1,000,000 investment requirement and the investor must clearly show that there is direct job creation of no less than 10 full-time positions to work at the hotel. Examples of direct job creation in this scenario would be a full-time manager, concierge, or maid. Under many circumstances, the minimum investment requirement does not feasibly create 10 jobs. The job creation requirement becomes particularly difficult when the minimum investment amount is lowered because the project is located in a TEA.
EB-5 Regional Center Investment
The second EB-5 investment method allows investors to invest in a qualifying project through an EB-5 Regional Center. By investing through a regional center, EB-5 investors can pool together funds into a single project and also be allowed to count indirect and induced job creation toward their 10-job minimum. An indirect job example would be a job created at an equipment manufacturer that supplies parts to an EB-5 project. Induced jobs would be jobs created within the community based upon the project’s needs or upon income spent by employees of the project (those that have “direct jobs” and do their shopping in the community).
There are many variables and moving parts when it comes to the EB-5 immigration path to residency. The best thing that a potential investor into the EB-5 immigration program can do is to hire an experienced and qualified law firm, specializing in EB-5 Visas, to guide them through the process. Contact the experienced EB-5 lawyers at David Hirson & Partners, LLP today to discuss your options with us.
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