Overview

Congress created the fifth employment-based preference, or EB-5, immigrant visa category in 1990 for qualified foreigners seeking to invest in a business that will benefit the U.S. economy and create or save at least 10 full-time jobs. The basic investment required is $1 million, although that amount is reduced to $500,000 if the investment is made in a rural or high unemployment area. Of the approximately 10,000 EB-5 green cards available each year, 5,000 are reserved for foreign nationals who invest through a Regional Center.

The Regular EB-5 Investment Program

Section 203(b)(5) of the Immigration and Nationality Act allocates 10,000 green cards each year for foreign nationals who invest in a new business that hires at least 10 full-time U.S. workers. To qualify under the regular EB-5 investment category, the individual must have invested at least $1 million (or at least $500,000 if investing in a rural or high unemployment area) and through that investment, have created or saved at least 10 jobs for U.S. workers.

EB-5 applicants first receive a conditional green card, which is valid for two years. At the end of that time, they must file another application showing that their money was "at risk" during the two-year period and that jobs have actually been created. Once that has been approved, applicants become regular green card holders.

If you are a potential investor, or if your business meets these criteria and is seeking a potential investor, please contact Dan Schneider, Esq. at 845.616-6909 or fill out our contact form.