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EB-5 Immigrant Investors (Back)

• Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children
   under the age of 21. Eligible aliens are those who have invested – or are actively in the process of investing – the required amount of capital   into    a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the U.S.   economy and      create the requisite number of full-time jobs for qualified persons within the United States.
   In general, "eligible individuals" include those:

1. Who establish a new commercial enterprise by:
      a. creating an original business;
      b. purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new           commercial   enterprise results; or
      c. expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a           troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and
2. Who have invested – or who are actively in the process of investing – in a new commercial enterprise:
      a. at least $1,000,000, or
      b. at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced           unemployment of at least 150 per cent of the national average rate or a rural area as designated by the Office of Management and           Budget (OMB); and
3. Whose engagement in a new commercial enterprise will benefit the United States economy and:
      a. create full-time employment for not fewer than 10 qualified individuals; or
      b. maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital           investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost           20 percent of its net worth over the past 12 to 24 months.

 

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