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EB-5 Category: Immigrant Investors In The United States

Visa L-1 Ejecutivos, Gerentes  o Técnicos con conocimientos especializados


The EB-5 Alien Investor category is an excellent opportunity for many foreigners to obtain Permanent resident status (green card) in the United States. The EB-5 Investor Green Card allows a foreign investor to work in any capacity, go to school or enjoy retirement, and it is available to investors, either alone or coming with their spouse and unmarried children.

The basic investment amount is $1 million. The required investment is $500,000 for a business established in a "targeted employment area" (or regional center). Aliens can invest the required amount alone, create the qualifying business with another immigrant investor, or even create the business with US citizens or other people not seeking classification as an immigrant investor.

The investment can be in the form of cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien provided that he is personally and primarily liable and the assets of the new commercial enterprise are not used to secure any of the indebtedness. The definition specifically excludes capital acquired by unlawful means.


.There are 10,000 visas available in the category each year, 3,000 of which are reserved for people who participate in a pilot program at a “Regional Center” designed to target low employment areas.  The three main requirements to qualify for the EB-5 alien investor’s program are:

1) The alien investor must establish a “qualified investment” by:

2) The alien must have invested - or who are actively in the process of investing -- $1 million ($500,000 in some cases) in a new commercial enterprise:

3) The business must benefit the United States economy



As a result of a disappointing response to the basic immigrant investor program, Congress enacted a five-year immigrant investor pilot program, which ends on October 2008.  The requirements of the pilot program are essentially the same as in the basic investor program, with certain exceptions. In order to qualify under the pilot program, an investment of at least $500,000 must be made in a commercial enterprise located within an approved "regional center".  A regional center is:

Targeted employment areas include:


In order to become a lawful permanent resident, eligible investors must file a petition with immigration.  When the immigrant investor application is submitted to USCIS, it must include the following:


Timing and Conditional Permanent Residence

There is a 9-12 month period to receive a reply from immigration for the initial EB-5 Green Card.  If the investment application is granted, the alien is given conditional permanent residence for two years.  The alien must file a petition to remove the conditions during a 90-day period prior to the second anniversary of the alien’s lawful admission as a permanent resident. USCIS will examine the business at the end of the two-year period to determine whether or not the alien has complied with all of the requirements.

The entrepreneur’s residence may be terminated at the end of the two-year period or earlier if it is found that the business was not established, or was established solely to evade immigration laws or that the requirements were otherwise violated. If, in the application to removed conditions, the alien demonstrates that the business was established, that the required amount of capital was invested, and that 10 full-time jobs either have been or will be created, the conditions will be removed and a permanent resident card will be issued.  The foreign investor and his family will be able to apply for U.S. citizenship after five years.


Personal Documents

Source of Income and Investment Documents

The investor must disclose the source of income to immigration. If the investment funds derive from sources other than your own earned income, you must document those sources will be, and the source of income must be discussed with us before you proceed with your investment.