The immigrant investor visa program enables immigrant entrepreneurs to obtain permanent resident status in the United States through investment in a commercial enterprise. This immigration benefit can be secured by investing $800,000 in targeted employment areas. U.S. Congress enacted this provision in 1990 to support and promote commercial enterprises in rural areas with high unemployment rates. The underlying idea was to help the rural economy by channeling resources for economic growth, creating jobs, and extending immigration benefits to interested foreign nationals willing to invest in such areas.
This option is available to any interested entrepreneur in any country who is capable of investing in such targeted employment areas. This investor visa program provides an excellent opportunity to high-net-worth individuals. Even if high-net-worth parents themselves are not interested in immigrating to the United States, this category may serve as a gateway for their children to study, live, and immigrate to the US. Through this category potential investors can immigrate to the US and/or facilitate permanent resident status for the whole family or for their children. Even in cases where a 21-year or older child is involved, the parents may provide the required funds ($800,000) for capital investment and the child can file a petition as the principal entrepreneur. In this category, contrary to the other more expensive investment track, the alien entrepreneur does not need to take an active role in the project.
REQUIREMENTS:
1. Invest $ 800,000 (plus administrative expenses) in a USCIS designated “Regional
Center.”
2. Most Regional Centers offer limited partnerships with foreign investors which involves
a minimal policy-making role that meets the engagement criteria.
3. The investment must directly or indirectly create at least 10 full-time jobs for U.S.
workers. The regional centers provide evidence confirming how a particular investor’s
investment will create jobs. The job creation mechanism is explained in their business
plan.
4. The investment funds must be obtained through lawful means which may include, but are not
limited to, the sale of land, real estate or business, etc. The funds could also be a loan or
gift to the investor.
Why EB-5?
The EB-5 program offers several advantages over other immigration options. The investor is not required to have any particular background. Successful petitioners include students, young adults, retirees, and investors with no entrepreneurial or management skills or experience and with very limited English language ability. Unlike employment-based immigrant visas, EB-5 does not require an offer of employment or approved labor certification, and immigrant visas are immediately available for prospective investors. EB-5 classification actually minimizes the significance of
what the investor will do in the U.S. enterprise and offers greater flexibility to plan a desirable lifestyle.
EB-5 investment in the Regional Center Pilot Program therefore is ideal for prospective investors, who have sufficient funds to invest and are looking for freedom and flexibility to live and work in the U.S. Approximately 90 percent of all EB-5 petitioners are filed through the regional centers. The USCIS appears to show a preference for investment in regional centers. There are several reports of expeditious processing and a higher rate of approval for investments in the regional center pilot program. This indicates greater certainty for the aspiring immigrant investors.
Applying for immigration in this category calls for a careful evaluation and analysis of various factors such as identifying the appropriate designated regional center that has been approved by the government for purposes of the EB-5 investor visa program. The alien entrepreneur should also understand the business prospects and get familiar with the pros and cons of the investment to make a fully informed investment decision. They should also consider other investment options which may also be available.
If you are interested in exploring the EB-5 category, please click here or call our law office to make an appointment for a legal consultation.