What is the EB-5 Program? | What to Know

Each year, through the approval of investors coming to the United States and investing, either $ 900,000 under the regional center option or $ 1.8 million under the direct investment option, 10,000 visas are made available to investors and their family members to enter the United States. This occurs through the EB-5 Program. Read on to learn more about the program.

What is the EB-5 Immigrant Investor Program?

Through the EB-5 program, investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card if they:

  • Make the necessary investment in a commercial enterprise in the United States
  • Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers

What are the Requirements for Investing?

According to USCIS.gov, in order to be eligible for the program, EB-5 investors must invest in a new commercial enterprise that was established:

  • After Nov. 29, 1990; or
  • On or before Nov. 29, 1990, if it was:
    • Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results
    • Expanded through the investment, resulting in at least a 40% increase in the net worth or number of employees.

“Commercial enterprise” refers to any for-profit activity formed for the ongoing conduct of lawful business, including:

  • A sole proprietorship
  • Partnership
  • Holding company
  • Joint venture
  • Corporation
  • Business trust
  • Other entity, which may be publicly or privately owned

Is the Program Expiring?

The program is set to expire on June 30th, 2021. This is occurring because the program is no longer being automatically renewed by Congress. But, there is a chance the program will be extended due to its positive and powerful impact on the economy.

If you are an immigrant hoping to obtain a visa through the EB-5 program, reach out to our firm today to discuss your options.

Contact Our New York City Immigration Lawyers

Our law firm can explain all the opportunities associated with fiancé visas and help you through the entire procedure, as well as discuss whether this is a good option. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.