What is the EB-5 Program?
The EB-5 program is the name given to the employment-based fifth preference visa that participants receive. Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by the USCIS based on proposals for promoting economic growth. The United States Citizen & Services branch administers the EB-5 Program. Under this program, entrepreneurs and their spouses and unmarried children under 21 are eligible to apply for a green card.
What are the Requirements?
Combined, the United States Citizenship and Immigration Services (USCIS) and The Securities and Exchange Commission (SEC) have a few basic rules for individuals looking to invest through the EB-5 program.
- The individual must have the revenue required for investing
- The investment MUST be at risk for the duration
- The investment project must successfully create and maintain a specific amount of jobs
- The individual must prove they are an “accredited investor”
Revenue For Investing
Revenue required for investing is between $900,000.00 to $1.8 million, achieved through lawful means which can be proven by the following:
- Bank Statements
- Investment Statements
- Profits or proceeds from sale of real estate
- Profits and earnings from a business
- Profits and earnings from stock or other investments
- Documents showing ownership of real estate or business
- Loan, mortgage, promissory note, security agreement, or other evidence of borrowing
- Tax returns
- Proof of being an “accredited investor”
The investment project must be able to create a minimum of 10 jobs within the first 2 years of the project and also maintain them for another following 3 years.
Proof Of Being An Accredited Investor
An “accredited investor” must have a net worth individually or jointly in excess of 1,000,000 USD and have an income that exceeds 200,000 USD in the most recent years OR an income jointly with a spouse, for the same period, in excess of 300,000 USD.
You may also need to supply a variety of personal documents such as:
- Legal copies of passports
- Investor’s resume
- Copies of academic diplomas
- Corporate Organization documents, if you own a business
- Certified copies of birth certificates, marriage certificates, divorce decrees, and death certificates if applicable
- Certified copy of military record
- Certified copy of police record