Immigration Through Employment

EB-5 Investors

Employment-Based 5th Preference Category (EB-5):

Investors are individuals who create employment for at least ten unrelated persons by investing capital in a new commercial enterprise in the U.S. The foreign investor must have invested or be in the process of investing at least US$1 million, or $500,000 if the investment is in a targeted employment area.

Minimum investment amount:

• $1,000,000, or

• $500,000 if in targeted employment area, i.e.:

• A rural area, or

• An area that has experienced unemployment of at least 150% of the national average;

• The investor must be either in the process of investing or have already invested this money.

• If investment is in a high employment area (metropolitan area with a lower unemployment rate than the national average):

• a higher investment amount may be required by the Attorney General.

• regulations don’t specify exact amount, but it can’t be more than $3 million.

• The investor must have personally invested the minimum required amount of money -- having several investors will not count.

The investor must establish a new commercial enterprise by 1 of 3 ways:

1. By creating an original business

2. By purchasing an existing business and reorganizing or restructuring it in such a way that a new commercial enterprise results

3. By expanding an existing business by 140%. Or retaining all existing jobs in a business that has lost 20% of its net worth in the past 12-24 months.

The new enterprise must benefit the US economy:

• Must create full-time employment for at least 10 people

• The immigrant and his/her immediate family cannot count as one of the 10 people

• The investment will also qualify if s/he invests in a troubled business (see above) and maintains the number of existing employees for at least 2 years.

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