Immigrant Investor (EB5 Visa)

Under section 203(b)(5) of the Immigration and Nationality Act (INA), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 5,000 are set aside for those who apply under a pilot program involving an USCIS-designated Regional Center.

Eligibility

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

How do I seek status as an immigrant investor?

In order to seek status as an immigrant investor, you must file USCIS Form I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation which clearly demonstrates that the individual’s investment meets all requirements, such as:

(a) establishing a new commercial enterprise,

(b) investing the requisite capital amount,

(c) proving the investment comes from a lawful source of funds,

(d) creating the requisite number of jobs,

(e) demonstrating that the investor is actively participating in the business; and, where applicable,

(f) creating employment within a targeted employment area.