EB-5 Program: Immigration via Investment in the US Economy

Certain investors in the US economy have the opportunity to apply for lawful permanent residency via the EB-5 program. Investors must invest in a commercial enterprise in the United States and plan to create or preserve 10 permanent full-time jobs for qualified US workers. The minimum investment is $1.8 million, however, if an investor invests in a Targeted Employment Area (TEA), the minimum investment is $900,000. A TEA is typically a rural area, or an area that has experienced high unemployment.

An investment may create a new commercial enterprise, or may choose to invest in one of many Regional Centers throughout the United States. An investor may also invest in a troubled business, with the ultimate goal of maintaining 10 permanent full-time jobs.

To qualify for lawful permanent residency, investors must first file Form I-526, Immigrant Petition by Alien Investor. Should this application be approved, investors living abroad can then file their DS-260, Application for Immigrant Visa and Alien Registration and go through consular processing to apply for lawful permanent residency. Investors living in the United States can apply for adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

If approved, investors are granted conditional residency for two years. In the 90 days prior to expiration of conditional residency, an investor must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. The investor must prove that the invested capital remained at-risk and was actively invested throughout the two years of conditional residency, as well as the creation of 10 permanent full-time jobs.

Flecha Law is available to assist in both stages of EB-5 cases – whether you are initially seeking an EB-5 Visa to consular process or adjust status, or if you are applying to remove conditions on your EB-5 conditional residency.