EB-5 Investment Immigration
Our EB-5 practice group is headed by David Hirson, nationally recognized as an expert in the field of EB-5 investment immigration. Having been involved in the EB-5 program since its inception in 1991, David filed and received green card approval for one of the very first EB-5 investors.
EB-5 category and they are: creating a new commercial enterprise or investing in a troubled business.
EB-5 Visa Description
The fifth employment-based visa preference category, created by Congress in 1990, is available to immigrants seeking to enter the United States in order to invest in a new commercial enterprise that will benefit the U.S. economy and create at least 10 full-time jobs. There are two ways to invest, which you may use within the EB-5 category, and they are: creating a new commercial enterprise or investing in a troubled business.
New Business Enterprise
To qualify, you must:
- Invest or be in the process of investing at least $1,800,000. If your investment is in a designated targeted employment area (discussed further below), then the minimum investment requirement is $900,000.
- Benefit the U.S. economy by providing goods or services to U.S. markets.
- Create full-time employment for at least 10 U.S. workers. This includes U.S. Citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S. (however, it does not include you [the immigrant], your spouse or your children).
- Be involved in the day-to-day management of the new business or directly manage it through formulating business policy. For example, as a corporate officer or board member.
To qualify, you must:
- Invest in a business that has existed for at least two years.
- Invest in a business that has incurred a net loss, based on generally accepted accounting principles, for the 12- to 24-month period before you filed the Form I-526 Immigrant Petition by an Alien Entrepreneur.
- The loss for the 12- to 24-month period must be at least equal to 20% of the business’s net worth before the loss.
- Maintain the number of jobs at no less than the pre-investment level for a period of at least two years.
- Be involved in the day-to-day management of the troubled business or directly manage it through formulating business policy. For example, as a corporate officer or board member.
- The same investment requirements of the new commercial enterprise investment apply to a troubled business investment ($1,800,000 or $900,000 in a TEA).
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