EB-5 Investor Visa
EB-5 is the fifth preference category for employment-based immigrant visas. This category allows investors to immigrate to the U.S. An investor is a foreign national who invests either $1 million in a New Commercial Enterprise or $500,000 in a Target Employment Area in the U.S. The investor may self-petition. An employment offer and labor certification are not required.
The investor will receive a two-year conditional Green Card. He or she may apply to remove these conditions 90 days before the Green Card’s expiration date. The investor must be engaged in the day-to-day activities of the business or company that he or she is investing in or be involved with policy formation for the company.
New Commercial Enterprise
A New Commercial Enterprise is a company that employs at least 10 U.S. citizens or qualified immigrant workers. The company must have been formed after November 29, 1990. If it was formed after November 29, 1990, the investor must show that the company was restructure, reorganized or expanded in such a way as to create substantial change. The company may also be a sole proprietorship, partnership, corporation, holding company and its subsidiaries or a business trust.
Target Employment Area
A Target Employment Area (TEA) is an underserved or under-resourced area. It can be a rural community or a high unemployment area. These areas are designated TEAs by the state and not by a local government body (e.g., city council).
Types of Investment
The investment in a New Commercial Enterprise or Target Employment Area may be in the form of cash, equipment, inventory or other tangible property and assets. The source of funding must be legitimate.
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