Executive Summary

The U.S. Citizenship and Immigration Services (USCIS) is a component of the U.S. Department of Homeland Security and administers the EB-5 Program for the United States federal government.

Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they make the necessary investment in a commercial enterprise in the United States and plan to create or preserve at least 10 permanent full-time jobs for qualified U.S. workers.

Meeting

Required Minimum Investments

The minimum qualifying investment within a Targeted Employment Area (High Unemployment or Rural Area) in the United States is $900,000, otherwise, the minimum qualifying investment is $1,800,000 million.

Commercial Enterprise

Any for-profit activity formed for the ongoing conduct of lawful business, this includes a commercial enterprise consisting of a holding company and its wholly-owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.

Note: This definition does not include noncommercial activity such as owning and operating a personal residence.

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Capital Investment Requirements

Capital Investment means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the foreign investor, provided that the foreign investor is personally and primarily liable and that the assets of the New Commercial Enterprise upon which the petition is based are not used to secure any of the indebtedness.

All capital shall be valued at fair-market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) shall not be considered capital for the purposes of section 203(b)(5) of the Act. Note: The investment capital cannot be borrowed by foreign investors.

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Job Creation Requirements

  • Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
  • Create or preserve either direct or indirect jobs:
    • Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
    • Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. The higher an EB-5 Project’s job-coverage ratio, the greater likelihood an EB-5 Project will meet the necessary job creation requirements needed for a foreign investor to receive their permanent residence green card. A foreign investor may only use the indirect job calculation if affiliated with a regional center, such as the CrossRoads of America EB5 Regional Center.

A QUALIFIED EMPLOYEE: a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. The individual may be a conditional resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation.

CAPITAL INVESTMENT REQUIREMENTS: capital Investment means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the foreign investor, provided that the foreign investor is personally and primarily liable and that the assets of the New Commercial Enterprise upon which the petition is based are not used to secure any of the indebtedness.

All capital shall be valued at fair-market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) shall not be considered capital for the purposes of section 203(b)(5) of the Act. Note: The investment capital cannot be borrowed by foreign investors.

This definition does not include the immigrant investor, his or her spouse, sons, or daughters, or any foreign national in any nonimmigrant status (such as an H-1B visa holder) or who is not authorized to work in the United States.

FULL-TIME EMPLOYMENT: employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week.

In the case of a Project sponsored by the CrossRoads of America EB-5 Regional Center, “full-time employment” also means employment of a qualifying employee in a position that has been created indirectly from investments associated with the Pilot Program.