A foreign investor may obtain conditional residency which is valid for two years and subsequently lawful permanent residence by investing in a U.S. commercial enterprse. There are two ways to invest: either as a direct investor or through a Regional Center.
The requirements to qualify for conditional residence under the EB-5 program are:
The foreign national must invest at least 1 Million U.S. dollars in the business. This amount can be reduced to $500,000 if the business is located in a targeted employment area which is defined as rural areas with a population of less than 20,000 residents or a geographical area determined by the Department of Labor to have an unemployment rate equal to 150% of the national average.
The investor must prove the lawful source of the funds and that the funds belong to the investor.
The funds invested must be “at risk.”
The investment in the business must create jobs for at least 10 U.S. workers.
Serving as a director or corporate officer fulfills this requirement as long as the investor is involved in management and policy-making.
Another way the foreign national can obtain EB-5 status is by investing in a troubled business which has lost at least 20% of its net worth, as long as the investor can establish that current employees will be retained.
Finally an investor may participate in the EB-5 program by investing $500,000 in a Regional Center, as long as all the other legal requirements are met.
We represent EB-5 cases for both individual investors as well as Regional Center investors. We also represent those projects wishing to apply to USCIS for designation as a Regional Center.