» Immigration Law:　Investing in the U.S.

EB-5 Immigrant Investor

The Immigrant Investor Program (“EB-5”) is to stimulate the U.S. economy through job creation and capital investment by foreign investors.

All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise:

• Established after Nov. 29, 1990, or
• Established on or before Nov. 29, 1990, that is:

1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or

2. Expanded through the investment so that a 40% increase in the net worth or number of employees occurs

Job Creation Requirements

• Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years, or within a reasonable time after the two-year period of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
• Create or preserve either direct or indirect jobs:
• Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
• Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.

Capital Investment Requirements

Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur. All capital shall be valued at fair-market value in United States dollars.

Required minimum investments are:

• General: The minimum qualifying investment in the United States is $1 million.
• Targeted Employment Area (High Unemployment or Rural Area): The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.