The EB5 (employment-based fifth preference) visa option provides foreign investors with a method of immigrating to the US. Investors who get their EB5 visa can go on to obtain a permanent green card. To receive an EB5 visa, you must meet the requirements of the United States Citizenship and Immigration Services (USCIS). Capital investment and job creation are two of the eligibility requirements. You must meet the minimum EB5 investment amount and create enough jobs for US residents. While EB-5 investments contribute significantly to job creation, they often involve collaboration with regional centers or other holding companies. Exploring these partnerships allows investors to navigate the complexities of the EB-5 program, ensuring successful outcomes for both job creation and investment goals.
What Are the EB5 Job Creation Requirements?
Investors looking to become US citizens through the EB5 program must meet job creation requirements. The EB5 program requires applicants to invest in a new business. Investors must create at least 10 new jobs to be occupied by US citizens. Investors can create jobs indirectly if they invest in a regional center.
Regional centers are designated units established to support economic growth. The USCIS has allowances for investors putting their capital in troubled businesses. In such cases, you’ll need to maintain the existing jobs for at least two years. The positions created by the new commercial enterprise must offer full-time employment.
- Job Creation Inside EB5 Regional Center: A new commercial enterprise within a designated regional center must create ten new jobs.
- Job Creation Outside EB5 Regional Center: All jobs must be met directly if the new commercial enterprise is outside an EB5 regional center. The new business or its wholly-owned subsidiaries must employ qualifying employees.
- Job Creation for Troubled Businesses: If you’re investing in a troubled business, you don’t have to create new positions. You’ll need to provide enough jobs to maintain the same level of employees who worked in the company before your takeover.
What Is the EB5 Investment Amount?
EB5 investment must meet specific requirements to qualify for the immigrant investor visa. The USCIS requires investors to choose a business (new commercial enterprise). The business can be a corporation, business trust, joint venture, sole proprietorship, partnership, holding company, or other public or private structure. Investors must invest at least $1.05 million if they choose a region outside a targeted employment area (TEA).
If the business is within a targeted employment area, the investment value must be at least $800,000. These conditions apply to petitions filed after March 15, 2022. Petitions filed before the date require a minimum EB5 investment amount of 1 million dollars in non-TEAs and $500,000 in TEAs. A targeted employment area is a rural area or a region with a high unemployment rate. Capital investment can be cash, equipment, inventory, secured debt, or other property.
The definition of capital covers cash and real, personal, or mixed tangible assets the immigrant investor owns. Capital doesn’t include assets acquired by unlawful means or invested with a guaranteed return on investment. Immigrants must establish that they own the capital and may be required to pay a promissory note. The USCIS will evaluate the capital based on fair market value in the US. Investors must also invest before filing the I-526 petition.
How EB5 Investment and Job Creation Work
The EB5 program is designed to offer foreign investors a green card to live in the US for two years. Owners of an EB5 visa can eventually remove conditions on their visa to get a permanent green card that allows them to live in the US permanently. To get an EB5 visa, the immigrant must invest a specified minimum amount and create at least ten new jobs. Investors can fulfill these requirements quickly by working with a designated EB5 regional center.
Qualifying investors must file form I-526 and provide proof of capital investment and job creation. The USCIS will review the petition and may request additional documentation. Qualifying investors can bring their eligible family members, including legally married spouses and unmarried children. The children must be below 21 years at the time of filing the petition. Investors who receive the EB5 visa can eventually file form I-829 to apply for a green card.
Work With an EB5 Regional Center
The best way to qualify for an immigrant investor visa is through a regional center. You’ll need the required EB5 investment amount, which must be used to create at least ten jobs or maintain positions in a troubled business. A regional center can help you find the best investment projects to get approved for forms I-526 and I-829. Choose a reputable USCIS-certified EB5 regional center to work with.