EB-5 Entrepreneurs

Who is eligible for an EB-5?

• An alien entrepreneur who invests at least $1,000,000.00 in a commercial enterprise that employs at least 10 American citizens.
• An alien entrepreneur who invests at least $500,000.00 in a commercial enterprise that employs at least 10 American citizens in a targeted employment area.
• An alien entrepreneur who invests at least $1,000,000.00 in a troubled business and maintains the pre-investment number of employees.

What are the specific requirements?

Usually, there are three scenarios where a person is eligible under the EB-5 subcategory. The scenarios include those:

1. Who establish a new business by:
   • starting an original business;
   • buying an existing business and subsequently restructuring the business so that a new business results; or
   • expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 1 to 2 years.
2. Who have invested in a new business:
   • at least $1,000,000, or
   • at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average. These areas are defined by the U.S. government.
3. Who engage in a new commercial enterprise that will benefit the United States economy and:
   • create full-time employment for not fewer than 10 qualified individuals; or
   • maintain the number of existing employees at no less than the pre-investment level for a period of at least two years. This section applies only where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 1 to 2 years.

For additional information, please see the FAQ on EB-5 visas.

If you believe you qualify for an EB-5 visa and would like to immigrate to the United States, please contact us. The experienced and skilled immigration attorneys at Shihab & Associates Co., LPA are fully prepared to help you with every aspect of your business venture.