The Immigration Act of 1990 created the employment-based fifth preference, or EB-5 immigrant investor category. Under the EB-5 provisions now in effect, approximately 10,000 visas are available each year to immigrants seeking to enter the U.S. for the purposes of:

  1. Investing in a new commercial enterprise;
  2. In which the immigrant has invested a qualifying amount of capital of not less than $900,000;
  3. Which will create at least 10 full-time jobs for persons other than the investor’s immediate family.

At its essence, the EB5 Immigrant Investor Program  (“EB-5 Program”) is one in which you are making investments in a US business which creates jobs for US workers, and based on that investment and that job creation, you are eligible to secure a green card for you, your spouse and your children.

Important preliminary decisions and assessments that prospective EB-5 investors must make prior to making their investment and filing the Form I-526 petition include;

  • Deciding between investing in a direct or “standalone” project or a regional center project
  • Assessing the immigration compliance of a project
  • Assessing the financial risks and commercial viability of a project
  • Determining the availability of evidence required to adequately document the lawful source of capital to be invested

After assessment of the above with appropriate assistance from immigration counsel and financial advisors, the next step is to make the investment. It is important you work with competent immigration counsel prior to making the investment so that the funds used to make the investment can be properly documented as lawfully sourced, in accordance with the EB-5 provisions.

While the EB-5 Program is a promising immigration route for the right investors, due to its complexity, you will want immigration counsel involved at the outset. Our firm specializes in EB-5 immigration. Contact one of our attorneys to see if this program is right for you.

This information is not intended to constitute legal advice, nor does it create an attorney-client relationship between Law Offices of Robert P. Gaffney and anyone else. This information is not intended to be used as a substitute for specific legal advice based on an individual or organization’s particular facts and circumstances, and it should not be considered as such.