EB-5 Investor Visas

Affirmative Requirements and Conditions of Eligibility

  • Threshold capital investment of $1 million in metropolitan areas; $500,000 in *rural/targeted employment areas. Attorney General may increase up to $3 million in metropolitan areas where unemployment is significantly below the national average
  • Investment must be made for the purpose of engaging in a new commercial enterprise established by the alien
  • The enterprise investment must be made after November 29, 1990
  • There must be an actual investment or the alien must be in the active process of investing required capital
  • Newly established enterprise must benefit the U.S. economy; must create ten full-time jobs for U.S. citizens, permanent residents or other employment-authorized immigrants other than alien’s spouse, son(s) or daughter(s)
  • Initial approval of immigrant investor status results in two-year conditional resident status
  • Availability of visa numbers limited to 10,000 total per fiscal year including qualified spouses and children; at least 3,000 visas reserved for investors in rural/targeted employment areas with possible increase by the Attorney General

*Rural areas are defined as places outside a metropolitan statistical area or outside a city or town with 20,000 or more people. Targeted employment areas include areas where unemployment rate is at least 1-1/2 times the national average.

Basis for Termination of Immigrant Status

  • Determination that commercial enterprise intended solely as means to evade immigration laws
  • Commercial enterprise not established by alien
  • No investment or not actively in process of investing requisite capital
  • Alien not sustaining establishment of commercial enterprise or investment during period of alien’s resident in the U.S.
  • Alien not otherwise conforming with requirements of employment creation status. INA 203(b)(5)

Criminal Penalty for Immigration Related Fraud

  • Fine of up to $250,000 and five years imprisonment
  • Knowing establishment of commercial enterprise for purpose of evading any provision(s) of immigration laws