EB-5 Visa

Investor Program

If you are a foreign national investing in the United States you can obtain U.S. legal permanent residency and thereafter, if you choose, U.S. citizenship. Noted below is a general description of the major requirements.

The investor must satisfy two major requirements: (a) make a capital investment and (b) create jobs – directly or indirectly – as a result of the capital investment. The required capital investment is $1 million or $500k, to be used to create jobs and profit generating activities.  The lower investment amount is reserved for investment made in a Target Employment Area or TEA, which is an area with an unemployment rate of 150% of the national average, or a rural area – an area not located in any metropolitan area or outer boundary of any city or town with a population of 20,000 people or more.

The investment must create at least 10 full-time positions in the U.S.  Employment positions held by the investor or the investor’s spouse and/or children will be excluded from the required number.  Depending on the method of investment chosen, you may need to create the 10 positions or the positions may be created indirectly as a result of your investment.

Your investment options

  1. New Business Enterprise
  2. Regional Center Pilot Program

New Business Enterprise – Involves the purchase or expansion of an existing business, or purchase of or investment in a troubled business, or establishment a new business. This option requires the investor to create the 10 full-time positions and manage the day-to-day activities of the business.

We are able to assist you with the business transaction aspects of your immigration matter if you are considering this option.

Regional Center Pilot Program – Involves a public or private economic entity that pools investors’ funds to, among other things, promote economic growth, create jobs and increase U.S. capital investment. There are more than 200 currently existing Regional Centers, from Alabama to Guam to Hawaii, engaged in various types of investment projects including, infrastructure for transportation, residential housing development, sport complex development, and hotels. Under this option, the investor is not responsible for creating the 10 full-time positions, but before being granted permanent residency, the investor is required to demonstrate that his or her investment indirectly created 10 full-time positions. The investor is not subject to managerial duties under this option.

We have experience preparing all documents required for a private offering of limited partnership interests.

Contact us to obtain further information about the EB-5 visa or to discuss other matters related to immigration, business or securities law.