Do I qualify for the EB-5 category?

The EB-5 category is used by foreign investors who desire to live in the U.S. permanently (in “green card” status).  In general, the applicant must invest a minimum $1 million into a new commercial enterprise that will or does employ 10 full-time U.S. citizens or green card holders.  The applicant must engage in the new enterprise through day-to-day management or policy formation.

There are two alternatives to the $1 million requirement.  The first is if the applicant is investing in a targeted rural area plagued by unemployment.  In that case, the investment must be a minimum of $500,000.  The second alternative is to invest in an already-established Regional Center for a minimum of $500,000.

The EB-5 category has grown increasingly popular over the recent years perhaps due to the struggling U.S. economy and the ensuing opportunities for investment.  The USCIS recently held a stakeholders meeting to discuss the EB-5 category and reported that 955 applications out of 1100 have been approved in FY2010 (i.e. since October 1, 2009 to the present).  Some applications remaining pending and only a small percentage have been denied.  This means that the USCIS is seeing value in these investments and this category.

If you or someone you know would like to discuss the possibility of obtaining EB-5 status, please don’t hesitate to contact our immigration law firm.

Tags: $1 million, EB-5, green card, investment, investor, Regional Center
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