EB-5 Immigrant Investor Program

February 6, 2020

The United States EB-5 visa, employment-based fifth preference category or EB-5 Immigrant Investor Visa Program, provides a method for eligible Immigrant Investors to become lawful permanent residents—informally known as “green card” holders.

Immigrant investor visa categories are:

Employment creation outside a targeted area – C5
Employment creation in a targeted rural/high unemployment area – T5
Investor Pilot Program not in a targeted area – R5
Investor Pilot Program in a targeted area – I5

Under a new rule published by the U.S. Department of Homeland Security, several changes to the EB-5 Immigrant Investor Program went into effect Nov. 21, 2019.

The standard minimum investment amount has increased to $1.8 million (from $1 million) to account for inflation.
The minimum investment in a TEA has increased to $900,000 (from $500,000) to account for inflation.
Future adjustments will also be tied to inflation (per the Consumer Price Index for All Urban Consumers, or CPI-U) and occur every 5 years.

A qualifying investment must, within two years, create full-time jobs for at least 10 U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the United States, not including the investor and the investor’s spouse, sons, or daughters.

The new commercial enterprise (NCE) has to meet 1 of the following criteria:

1. The business has been formed after November 29, 1990;
2. Purchase of a business formed on or before November 29, 1990, and simultaneous or subsequent restructuring or reorganization resulting in an NCE; or
3. The expansion of a business formed on or before November 29, 1990, through an investment of the amount required so that a substantial change (at least 40 percent increase) in either the net worth or number of employees results.

It will also be essential that you will engage in a managerial capacity through day-to-day managerial control or policy formulation.

You can file the petition for the EB-5 immigrant visa once you have invested or are actively in the process of investing the required investment amount in a new commercial enterprise (NCE).

In this video, we discuss the EB-5 process.

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