The EB-5 Immigrant Investor Program is a United States program created by the Immigration Act of 1990. This program provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the EB-5 visa, individuals must invest $1,000,000 (or at least $500,000 in a “Targeted Employment Area” – high unemployment or rural area), creating or preserving at least 10 jobs for U.S. workers excluding the investor and their immediate family.
Initially, under the first EB-5 program, the foreign investor was required to create an entirely new commercial enterprise; however, under the Pilot Program investments can be made directly in a job-generating commercial enterprise (new, or existing – “Troubled Business”), or into a “Regional Center” – a 3rd party-managed investment vehicle (private or public), which assumes the responsibility of creating the requisite jobs. Regional Centers may charge an administration fee for managing the investor’s investment.
If the foreign national investor’s petition is approved and the U.S. consulate issues the visa, the investor and their dependents will be granted conditional permanent residence valid for two years. Within the 90-day period before the conditional permanent residence expires, the investor must submit evidence documenting that the full required investment has been made and that 10 jobs have been maintained, or 10 jobs have been created or will be created within a reasonable time period
The EB-5 Program is one of the most flexible investment and immigration programs in the world. It sets no requirements for age, business training, and experience, or language skills. Additionally, those immigrants who have entered the U.S. on an EB-5 Program are able to travel to their home country during the course of the conditional lawful permanent residency status.