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.
