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 US 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. Our opinion is that a troubled business is troubled for a reason, and the odds of capital preservation are better if you invest in a new business, a business set up for your needs from the beginning. Eligibility Criteria New Business Enterprise To qualify you must: 1. Invest or be in the process of investing at least $1,000,000. If your investment is in a designated targeted employment area (“TEA” discussed further below) then the minimum investment requirement is $500,000. USInvest only consults on projects in TEAs. Therefore the minimum investment for our clients is $500,000. 2. Benefit the U.S. economy by providing goods or services to U.S. markets. Our project clients prove this is being done. 3. 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), or your spouse, sons or daughters). Our project clients prove this is being done. 4. 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. Our investor clients sit on board of directors of our project businesses, and serve as managing members. Targeted Employment Area is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.” For further detail click on the Laws section of this website and access section 203(b)(5)(B) of the Immigration Nationality Act (INA). Dependents Your spouse and unmarried children under the age of 21 may be admitted to the U.S. with you on a two-year conditional period. If your I-829 petition to remove conditions is approved, then the conditions will be removed from your spouse and children’s Green Card status. As a lawful permanent resident (Green Card holder) your spouse and children will be authorized to work or attend school in the U.S. Click here to learn more about the application process |