EB-5 “Investor” Immigrant Visas

The EB-5 visa, also known as the “Employment Creation” or “Investor” visa, allows for Lawful Permanent Resident (LPR) status for individuals who meet the following criteria:

• Invest or are actively in the process of investing $1,050,000 (or $800,000 if the investment is in a “targeted employment area,” i.e. a rural area of less than 20,000 people or an area which has experienced high unemployment of at least 150% of the national average);
• Investment must be in a new commercial enterprise, i.e. a company formed after November 29, 1990, although some exceptions apply;
• The business must employ at least 10 U.S. citizen or authorized immigrant workers full-time; and
• The applicant must engage in the business through day-to-day management or policy formation.

In addition, in October 1992 Congress established a pilot program that authorizes investment through regional centers and relaxes the job creation requirements so that jobs may be proven through direct or indirect employment.