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The EB-5 immigrant visa category is commonly referred to as “investor’s visa”. Though it is an employment based visa category, it does not require employment or sponsorship by a US based employer. The EB-5 or Investor’s green card allows foreign nationals to secure permanent residency by means of investing in a new commercial/business in the United States. The spouse and unmarried children, under the age of 21, can immigrant to the United States under this category.

The basic eligibility/conditions to receiving this kind of green card are that the investor:

  • Set up a new business, this can be accomplished by:
  • Starting-up a new business in the United States, or
  • restructuring and also reorganizing an existing business to ensure that a new company emerges, or
  • expanding a pre-existing business
  • Creating ten brand new job opportunities for U.S. citizens or lawful permanent residents in the U.S.
  • Commit no less than $1,000,000.00 to the enterprise/business or
  • Commit no less than $500,000.00 to the enterprise in a Targeted Employment Area.
  • The capital needs to be invested and at risk, as in any other investment.
  • The investment has to help the U.S. economy.

Since a typical foreign investor would have difficulty navigating all these requirements, the Congress created the “Regional Centers”. These are accredited businesses that specialize in collating funds from foreign investors and by polling these funds, they are able to invest in new ventures or existing ventures. Regional Center projects vary enormously in their investment approaches. Some invest in areas such as commercial real estate, office buildings, apartment buildings, ski areas, farms, energy and factories, etc.

Whether the investor chooses to create his/her own new commercial enterprise or invest through a Regional Center, the application procedure is comparable.

We provide a comprehensive legal advise and work with our preferred Regional Center partners to ensure that you choose the right investment vehicle for your need and also deal with all aspects of the immigration process to ensure that you achieve your immigration objectives.