The EB-5 program was created to help the U.S. economy by creating jobs and allowing foreigners to make investments in the U.S.  All those who plan to become EB-5 investors need to invest in a new commercial enterprise that has been established after November 29, 1990 or on or before that date.

 

A commercial enterprise is known to be a for-profit activity formed for business that is made up of one owner, a partnership, a holding company who holds shares from other companies, a joint venture which consists of two companies who share expenses, etc.  On the other hand, a noncommercial activity such as owning and running a personal residence is not considered to be a commercial enterprise.

 

In addition, there are also job creation requirements. An EB-5 investor must create or maintain 10 full-time jobs for U.S. qualifying workers during the first two years of being admitted into the U.S. as a permanent resident. There are two types of new jobs that can be created known as direct and indirect. The direct jobs are those that deal with investment for the employees hired for the business. Indirect jobs are those created by investment in a business that is connected to a regional center.

 

As a final point, it is important to remember some of the necessary materials for making investments in a new company. $1 million is needed for EB-5 investors who plan on managing a business by themselves. However, for regional centers, the minimum investment needs to be $500,000. One of those centers can be rural and must be located outside of the boundaries of a city or town with a population of 20,200 or more. The other area may be one where the unemployment rate is at least 150% of the national average rate.

 

Requirements for EB-5:

• Business must have been established after November 29, 1990 or on or before that date.

• Business is a for-profit activity made up of one owner, a partnership, a holding company, etc.

• Person with an EB-5 must create or maintain 10 full-time jobs for U.S. qualifying workers during the first two years of being admitted into the U.S. as a permanent resident.

• Required minimum investments:

  • $1 million is needed for EB-5 investors who plan on managing a business by themselves.

  • $500,000 is needed for regional centers. 

 

Elizee Law Firm is full service immigration law firm. We can guide you and your family through your current immigration case. Our staff is fluent in Spanish and Haitian Creole. Contact us at (305) 371-8846.