Individual EB-5 Investment Programs

The U. S. Immigrant Investor Program (“EB-5″) was founded in 1990 to encourage the investment of foreign capital into the American economy. This program makes it possible for an investor and his/her family to obtain permanent residence in the United States by either investing in the creation of a business or in the development of an existing enterprise in the United States.

Investment into an individual EB-5 program requires a longer and more tedious process than that of the “Immigrant Investor Pilot Program”. This includes filing petition for which the investment enterprise has not been pre-approved and providing a detailed business plan with information regarding whether the investment entity qualifies as a “new commercial enterprise;” whether the investment is in a “targeted employment area;” whether the investment is a “troubled business;” how the requisite “employment creation” will take place; and whether the investment meets the “establishment” of a new commercial enterprise standard.

This program also requires written assessments throughout the creation and construction process from the investor to the United States Citizenship and Immigration Services (USCIS) documenting the progress and development of the project. Another requirement is unless the investor can prove that the EB-5 project is designated in either a targeted employment area or a rural area, which would require government approval and consent, the investment for an individual EB-5 program is $1 million as opposed to $500,000.

Eligibility is based on an investor having sufficient capital to do one of the following:

• Create an original business;
• Purchase an existing business and simultaneously or subsequently restructure or reorganize the business such that a new commercial enterprise results;
• Expand an existing business by 140 percent of the pre-investment number of jobs or net worth;
• Or retain all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months;
• Invest at least $1,000,000 in a new commercial enterprise ($500,000 for Regional Center projects);
• Create full-time employment for no fewer than 10 qualified individuals;
• Maintain the number of existing employees at no less than the pre-investment level for a period of at least two years.

Requirements include:

• Capital investment of $1 million
• Present a detailed business plan for the development of a company;
• Prove that the investment comes from a lawful source of funds;
• Pass an extensive background check and medical examination;
• Create the requisite number of jobs;
• Demonstrate active participation in the management of the enterprise;

After 2 years, the USCIS will conduct an investigation to see if the investor has fulfilled all of his obligations and met all of the requirements. In the event that the investor failed to fulfill the conditions of the program, the investor and any family members may be refused permanent residence