About the EB-5 Visa

The immigrant investor has two choices under the EB-5 program. One choice is to select his or her own investment and be involved in a substantial management role with the business. The second option is a U.S. approved regional center investment.

An immigrant investor that chooses his or her own business to purchase has the opportunity to generate substantial return on investment on an ongoing basis, as well as, to retain a greater amount of control over their investment as opposed to investing in an approved U.S. approved regional center.

Whether the immigrant investor chooses to fund and manage a new venture on their own or via a U.S. approved regional center, the amount of the investment is $1,000,000, unless the investor can substantiate that the investment is in a rural area or in an area which has experienced unemployment of at least 150% of the national average rate. If proven, then the amount of the required investment is $500,000. Immigrant investors should be mindful of the fact that most (but not all) of the U.S. approved regional centers are located in such $500,000 targeted employment areas.

With each option the investor must prove that her investment has resulted in the creation of full-time employment of 10 U.S. workers. The distinction between these is that individual investors must prove direct employment of the 10 employees. Whereas with U.S. approved regional centers the test is met from a combination of direct employment and indirect employment creation using a variety of accepted economic models.

With both types of investment it is not allowed for the immigrant to be totally passive with their investment. The individual investor must prove that the investment has been made in a new commercial enterprise and must demonstrate lawful source of funds.

Upon approval of the permanent resident application, the immigrant investor receives conditional permanent resident status, meaning that the green card that the investor receives is valid for two years. During the 21 to 24 month time period after approval, the investor is required to file an application to remove conditions on residence. After the immigrant investor has funded the new business he or she must demonstrate that the investment funds have not been withdrawn and also that the required amount of jobs were created or will be created within a reasonable time.

EB5 Immigrant Visa Memphis