E-B5 Investor Visa Partnership Program

What is the E-B5 visa and its requirements?

Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for lawful permanent residence (become a Green Card holder) if they:

• Make the necessary investment in a commercial enterprise in the United States; and
• Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.

Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.

All EB-5 investors must invest in a new commercial enterprise that was established:

• After Nov. 29, 1990; or
• On or before Nov. 29, 1990, that was:
• Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results; or
• Expanded through the investment, resulting in at least a 40% increase in the net worth or number of employees.

A new commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business, including:

• A sole proprietorship;
• Partnership (whether limited or general);
• Holding company and its wholly owned subsidiaries (provided that each subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business);
• Joint venture;
• Corporation;
• Business trust;
• Limited liability company; or
• Other entity, which may be publicly or privately owned.

This definition does not include noncommercial activity, such as owning and operating a personal residence.

*Source: https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program