EB-5

In 1990 the U.S. Congress created a special Program for immigrant investors. This Program, also known as “EB-5,” is designed for those foreigners who plan to invest in the U.S. economy and move to the U.S.A. to live and work on a permanent basis there.

There are certain requirements for those who want to immigrate to the U.S.A. via EB-5 Program:

Investments should be in a new business (commercial) enterprise:

  1. Created after November 29, 1990, or
  2. Before this date if
    • The previously existed business is purchased, reorganized and a new business entity emerged as a result, or
    • The previously existed business is expanded as a result of the investment and the number of employees increased at least 40%

Business entities (commercial enterprises) could be established in any legal form in order to conduct lawful business activities:

  1. Sole Proprietorship
  2. Partnership
    • General Partnership (GP)
    • Limited Partnership (LP)
    • Limited Liability Partnership (LLP)
    • Limited Liability Limited Partnership (LLLP)
  3. Limited Liability Company (LLC)
  4. Corporation
    • Regular or “C” Corporation
    • Small or “S” Corporation
  5. Joint Venture
  6. Trust
  7. Other publicly or privately owned entities

The incoming EB-5 investor should create or preserve at least 10 full-times jobs in the U.S.A.:

  1. Not less than 10 full-time jobs should emerge as the result of the investment and business entity creation within the first two years:
    • The 10 full-time positions can be created in a newly established commercial enterprise, or
    • Preserved in an existing enterprise (in troubled business)
  2. The jobs creation can be direct – identifiable as created in the same business entity where the incoming investor made his or her investments, or
  3. Indirect – created collaterally via one of the approved regional centers

There are minimum investment requirements for all EB-5 investors:

  1. The incoming EB-5 investor should invest in the U.S.A. at least $1 000 000, or
  2. At least $500 000 if invested:
    • in the Targeted Employment Area – TEA (with unemployment rate of at least 150% of the national average), or
    • in rural area (outside of a city or town with a population of 20 000 or more)