EB-5 program

The EB-5 program for entrepreneurs enables individuals to apply for a green card if they have made a qualifying investment in a USA commercial enterprise and can prove that they will create 10 permanent jobs for qualifying USA workers. If the investment is made in a troubled business, the application may rely on maintaining jobs, rather than creating them.

In order to qualify, investors must invest in a new commercial enterprise that meets certain establishment requirements and qualifies as a for-profit activity formed for the ongoing conduct of lawful business in the USA (such as a corporation, sole proprietorship, joint venture and others). Though not a requirement, the investment may be made in a commercial enterprise located within a regional centre. United States Citizenship and Immigration Services (USICSI) designates certain approved regional centres in a list that is periodically updated.

Minimum investment requirement

As of November 21, 2019, the minimum qualifying investment is $1.8 million USD (increased from $1 million), or $900,000 USD(increased from $500,000) for investments made into a qualifying targeted employment area.

Application process

The application process involves filing the relevant forms and proof of the investment with USCIS. Some of the relevant documentation includes but is not limited to: evidence of establishment of the commercial enterprise; evidence that the applicant will engage in management, such as a business plan, affidavits, letters, organizational charts; evidence of the active investment; evidence that the investment money was obtained lawfully, such as foreign business registration records, tax returns, other sources of capital, certified copies of judgements of any pending actions and money judgments; evidence of the full time jobs, such as a business plan and prospective organizational charts; evidence of job preservation such as numbers of existing employees, tax records, I-9s, employment eligibility verification; and other documents. If approved, the investor and accompanying family members are given conditional permanent residence status for two years.

The applicant must then apply to remove the conditions, which involves a new petition filed within the 90 days immediately preceding the second anniversary of admission in conditional status. Evidence submitted in the application to remove the conditions may include but is not limited to: business documents; tax returns; financial statements; invoices and receipts; bank statements; contracts; business permits and licenses; payroll records; I-9s; updated business plans; correspondence and other documents. If approved. The conditions are removed and the applicant will have permanent residence status.

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