FORTE | MALEK

EB-5 Visas

 

 

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.