How to Qualify
A qualifying employee is a U.S. citizen or other lawfully admitted resident (excluding the immigrant investor and his or her family) and must be engaged in the full-time employment of a minimum of 35 hours per week. The EB-5 investor can choose to invest in his or her own commercial enterprise or in a commercial enterprise owned by others with limited partnership interests. The former requires that to a certain degree the EB-5 investor holds a policy-making position with the new commercial enterprise and be involved in the day-to-day management of the new commercial enterprise. In the same way, the EB-5 investor may also choose to invest in a Regional Center and hold a policy-making position to a limited degree; however, the EB-5 investor is not required to participate in the day-to-day management.
See If You Qualify For An EB-5
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What's A Regional Center
A Regional Center is a federally accredited entity that seeks to promote economic growth through investment within a defined geographic area. The regional center designation was integrated into the EB-5 Immigrant Investor Program as a Pilot Program in 1993.
The choice to invest in a regional center has several added advantages. Under the Regional Center Program, the policy regarding job creation is expanded to include indirect and induced jobs in addition to the standard hard count of ten direct jobs. Upon approval of the I-526 visa petition (EB-5 visa), the EB-5 investor, spouse and dependents will receive a conditional residence green card valid for two years.
Throughout the duration of the two-year period, the EB-5 immigrant investor, spouse, and dependents can live, work and study freely in the United States. Following the period of two years of conditional residency, the EB-5 investor must then petition for removal of the conditions with form I-829 to obtain permanent residency.