Practice Area
EB-5 Visa
Alaz Law helps foreign investors obtain permanent residency through the EB-5 visa program.
We consistently aim to surpass our clients’ expectations, which include entities from all industries, financial investors, governments, regulators, trade associations, and non-profit organizations.
To be eligible for this program, investors must meet specific regulatory and USCIS requirements. Here’s everything you need to know about the EB-5 visa program:
EB-5 Investment Amount Requirement
As per the EB-5 Reform and Integrity Act of 2022, EB-5 visa applicants must make a capital investment of either $800,000 or $1,050,000 in a U.S. commercial enterprise. The investment can take the form of cash, inventory, equipment, secured indebtedness, tangible property, or cash equivalents and is valued based on the fair-market value in U.S. dollars. The minimum capital required for the program may be decreased to $800,000 if the investment is made in a commercial entity that is located in a rural area, high unemployment area, or an infrastructure project.
EB-5 Job Creation Requirements
The USCIS requires that EB-5 investments result in the creation of 10 full-time jobs for U.S. workers. These jobs must be created within two years after the investor has received their conditional permanent residency. The investor must prove that their investment led to the creation of direct jobs for employees who work directly within the commercial entity that received the investment. In case of investments made through a regional center, the investor may only have to show that 10 full-time indirect or induced jobs were created. Indirect jobs are those created in businesses that supply goods or services to the EB-5 project, while induced jobs are jobs created within the greater community as a result of income being spent by EB-5 project employees.
EB-5 Business Entities
EB-5 visa applicants can invest in a new commercial enterprise or through a regional center. New commercial enterprises are lawful for-profit entities that can take one of many different business structures, including corporations, limited or general partnerships, sole proprietorships, business trusts, or other privately or publicly owned business structures. All new commercial enterprises must have been established after November 29, 1990.
We have extensive experience in following areas:
- EB-5 Investment Amount Requirement
- EB-5 Job Creation Requirements
- EB-5 Business Entities
Older commercial enterprises may qualify if the investment leads to a 40-percent increase in the number of employees or net worth or if an older business is restructured to such a degree that a new commercial enterprise results. EB-5 visa applicants can also invest through Regional Center projects, which may be more advantageous because the investor will not have to independently set up the EB-5 projects.
The EB-5 visa program requires a capital investment of $1,050,000, which can be reduced to $800,000 in certain cases, and the creation of 10 full-time U.S. jobs within two years. Alaz Law with its solutions partners can help foreign investors understand these requirements and obtain permanent residency through the EB-5 visa program.
EB-5 Visa Requirements Summary
- $1,050,000 capital investment, $800,000 in a rural area, high unemployment area, or an infrastructure project
- The investment must be made in a for-profit U.S. commercial entity
- The investment must create 10 full-time U.S. jobs for two years