EB-5 Immigrant Investor Visa

What is the EB-5?

The EB-5 Investor Program, administered by the United States Citizenship and Immigration Services, was established by Congress in 1990 to stimulate the U.S. Economy through the creating of jobs and capital investments by foreign investors.

Requirements for the EB-5 Investor Program:

The following are the three requirements for participating in the EB-5 Investor Program:

  • Creating of a New Commercial Enterprise
  • Creation and Preservation of Jobs
  • Capital Investment

Creation of a New Commercial Enterprise

EB-5 Investors must create a new commercial enterprise. A commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business (non-commercial activity, such as a holding company only holding a residence or other personal or real property, is not sufficient). Commercial Enterprise includes the following business types; Partnership (limited or general), holding company, joint venture, corporation (S or C), business trust, or sole proprietorship (may be public or private). There may be more business structures depending on the state where the business you intend on investing in is located. If you are investing in a holding company, that holding company may own subsidiaries, only if, all subsidiaries engage in lawful for-profit activity.

Further, the requirement that the business be a “new” commercial enterprise is fulfilled in one of two ways. First, if the business came into existence after November 29, 1990. Second, the “new” commercial enterprise requirement is also fulfilled when a business was established on or before Nov. 29, 1990, with the following stipulations:

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