EB-5 Investor Visas

We Can Explain What It Takes To Qualify And Lead You Through The Process

The Immigrant Investor Program, commonly referred to as the EB-5 investor visa program, was launched by U.S. Citizenship and Immigration Services in 1990 to stimulate foreign investment and job creation in the U.S. economy in exchange for permanent residency in the United States.

Under the program, petitioners must invest in a new commercial enterprise (a for-profit entity) that was established after Nov. 29, 1990. Alternatively, an individual may invest in a business that was established before Nov. 29, 1990, as long as the business is restructured in a manner that creates a new commercial enterprise, or expands in a manner that results in a 40 percent increase in the company's net worth or the number of employees. The entity can be a sole proprietorship, partnership, holding company, joint venture, corporation or business trust.

EB-5 Stipulations Are Numerous And Not Easy To Understand

There are a number of requirements to qualify an investor for lawful permanent residency under the EB-5 program. It has proven to be an effective immigration option for foreign-born entrepreneurs who have the necessary resources, but it is wise to enlist the services of knowledgeable immigration attorneys who can help you ensure compliance with all of the requirements. The attorneys at Salaman / Henry help clients navigate this maze of stipulations, forms and qualifications.

An EB-5 petitioner must invest a minimum of $500,000 in a business in a designated "regional center" — essentially, a targeted area that is marked by high unemployment or in a rural location. A minimum $1 million investment is required for all areas that do not fall within a regional center.

To qualify as an EB-5 investment, the investment must create or preserve 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor's admission to the U.S. If an investment falls within a regional center, the creation or preservation of so-called "indirect jobs" can also be counted. Indirect jobs are jobs that can be shown to have been created collaterally or as a result of capital invested in a commercial enterprise.

Get Clarity From Our Knowledgeable Lawyers

Approximately 10,000 visa numbers are available annually to EB-5 investors. While the total of those applying for EB-5 visas has increased steadily since the program's inception, it has never reached 10,000 petitioners in a single year. This means those who qualify for EB-5 status typically do not have to wait for a backlog of qualifiers to clear as they do in other employment-based immigration categories.

However, as you can see, the EB-5 investor visa program is loaded with complex stipulations. It is not a path to immigration that is wise to tread without knowledgeable legal guidance. We welcome the opportunity to answer your questions and protect your interests regarding EB-5 investment visas. Call or use the online contact form on this website to schedule a free consultation. We work with clients in Greater Philadelphia and throughout Southeastern Pennsylvania, as well as neighboring states.