EB-5 – Immigrant Investor

The EB-5 Program, administered by USCIS, offers a pathway to lawful permanent residence (Green Card) for investors and their immediate family members (spouses and unmarried children under 21) who make a qualifying investment in a U.S. commercial enterprise and create or preserve at least 10 permanent full-time jobs for U.S. workers.

To qualify for the EB-5 visa, you must meet three main criteria:

Investment of Capital: Invest a specified amount of capital in a new commercial enterprise.

New Commercial Enterprise: A new commercial enterprise refers to any for-profit activity formed for the ongoing conduct of lawful business. This definition excludes non-commercial activities such as owning and operating a personal residence.

Job Creation: The investment must lead to the creation of full-time jobs for at least 10 qualifying employees. These jobs can be:

Capital can include cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the investor. 

The minimum investment amounts are:

Standard Minimum Investment:** $1,050,000

Targeted Employment Area (TEA) Investment:** $800,000 (for rural or high-unemployment areas) Targeted Employment Areas (TEA) is defined as: Rural Areas: Areas outside metropolitan statistical areas or towns with populations over 20,000. High-Unemployment Areas: Areas with unemployment rates at least 150% of the national average. Regional Centers: Investing through a regional center can simplify the process as it allows for indirect job creation and often involves pooling investments for large projects. Regional centers facilitate investment in infrastructure and other public works projects administered by governmental entities.

At Barutcu Law, we assist clients through every step of the EB-5 application process, including:

– Guiding you in selecting a suitable commercial enterprise

– Helping you prepare and file Form I-526, Immigrant Petition by Alien Investor

– Assisting with the collection and submission of required supporting documents

– Ensuring compliance with all USCIS regulations and requirements

Once the petition is approved, we support you in filing for conditional permanent residence and, after fulfilling the job creation requirement, applying for the removal of conditions to obtain full permanent residence.