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EB-5: Investors

If you are an active investor in a U.S. enterprise in which you are investing at least $1 million (US), or $500,000 (US) in certain special locations, and the enterprise creates a certain number of jobs, then you may be able to obtain U.S. Permanent Residency under the EB-5 category.

If you qualify for EB-5 status, it can be an advantageous category for obtaining U.S. Permanent Residency because you can self-petition, the priority date is usually current, and you can obtain Conditional Resident status upon filing the EB-5 petition and making the initial showing, thereby often avoiding the necessity of obtaining some type of temporary status while waiting for the Permanent Residency Status. The major disadvantage is the amount of money which must be invested, and the number of jobs which must be created. As a result, some individuals who are from countries which have E visa treaties with the U.S. choose to obtain temporary E visas which they renew indefinitely.

Under U.S. immigration law, 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their investing in a commercial enterprise. This is known as the "EB-5" category.

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible foreign nationals are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

Upon filing EB-5 and making the initial showing, the foreign national first obtains Conditional Resident status, and the only at the end of the process does the foreign national obtain Permanent Resident status, if the petition is successful.

Reader Comments

Eb-5

I am an resident of Dubai, can I apply for an EB-5 green card?

EB5 for residents of Dubai

Residents of Dubai can apply for EB-5 green cards, provided they meet the EB-5 requirements.

Farmer

I am a farmer in South Africa... I would like to buy a farm in the US. Would I qualify for the EB-5 investors visa and do I have to employ any people? And what if my siblings want to farm with me? And what are the rules for my wife and children?

EB5

To qualify for an EB5 based on starting your own business, such as a farm, it would be necessary to create jobs for 10 U.S. workers.  Green card holders can not petition for siblings.  However, an EB5 principal applicant could apply for one's spouse, and unmarried children under 21.

I understand that $1,000,000

I understand that $1,000,000 translates to 10 full time jobs (defined as 35 hours minimum each week), but for how long do those 10 jobs need to exist?

Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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