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Investment Immigration
(EB-5, Fifth Preference, Employment-Based)

The Process
Eligibility
Preference Categories & Visa Numbers
Apply
Check My Application Status
Appeal
HELP!


We have a program to assist you. See Immigrant Investor Program.

The Process

An immigrant (also called a "lawful permanent resident") is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become an immigrant based on the fact that you are making a qualifying capital investment in the United States, you must go through a multi-step process:

  • You must be eligible for lawful permanent residence based on your investment.
  • The U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant visa petition, Form I-526 (Immigrant Petition by Alien Entrepreneur), for you. You may file this petition for yourself.
  • The State Department must give you an immigrant visa number, even if you are already in the United States. When you receive an immigrant visa number, it means that an immigrant visa has been assigned to you.
  • If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available for you. For more details, see Becoming a Permanent Resident (Immigrant) While in the U.S. If you are outside the United States when an immigrant visa number becomes available for you, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. 

Eligibility

To be eligible for lawful permanent residence based on an investment you must meet the following criteria:


Qualifying Investments

Job Creation: Your investments in new commercial enterprises must benefit the U.S. economy and create full-time employment for at least ten worker-authorized employees, excluding you and your immediate relatives, and persons in nonimmigrant status. Saving ten jobs may also qualify if the qualifying investment is in a troubled business.

Amount and Nature of Assets
: The capital investment must be $1,000,000 in high employment areas and $500,000 in targeted employment areas. The capital may consist of cash, equipment, inventory, other tangible property, and easily convertible cash equivalents.

Commercial Enterprise
: Any for profit business can qualify, including sole proprietorships, limited or general partnerships, corporations, business trusts, joint ventures, holding companies and wholly owned for-profit commercial subsidiaries, mutual investment funds, etc. An existing commercial enterprise purchased by you can also qualify without necessity for reorganization or reincorporating, if your infusion of capital increases the business' net worth or the number of qualifying U.S. workers employed by 40%. Pre-existing commercial enterprises also qualify if you save ten U.S. jobs by taking over a troubled business that has operated for-at-least two years and has incurred a net loss of at least 20% of net worth during one of the two years preceding your investment.

Location
: The only location criteria apply to $500,000 investments in targeted employment areas, which include rural areas identified by the U.S. census or the Office of Management and Budget and areas certified by a State government to be experiencing average unemployment of at least 150% of the national average.

Qualifying Investors

Capital Contribution: You must make a qualifying investment using personally owned and legally obtained assets or indebtedness secured by personal assets (i.e. not secured by the qualifying commercial enterprise).

Management
: You must be engaged in management of the enterprise, either through daily managerial control or through policy formulation as a corporate officer, director, or partner.

Multiple Investors
: Each multiple investor in the same enterprise will qualify if he or she meets the minimal capital and job creation requirements. In cases where not all multiple investors seek to immigrate to the United States based on the investment, the job creation requirement can be met by those investors who seek to immigrate (based on the joint investment) by apportioning the total number of jobs created among the immigrating investors rather than among all investors. (Note: This apportionment among joint investors does not apply to the capital requirement.)

Preference Categories & Visa Numbers

If your immigrant visa petition is approved, you must wait for an immigrant visa number to become available according to the preference system, a method of distributing the limited number of immigrant visa numbers available each year.

Apply

You may petition for yourself, by filing USCIS Form I-526 with the USCIS Service Center with jurisdiction over the location of the business (currently limited to the Texas and California Service Centers). Your business creation, level of investment, source of funds, employment creation, and management are included in the initial examination.

If your petition is approved, you will receive conditional immigrant status. You must apply to remove conditional status during the 90 days before the second anniversary of the date you received this status, or you will automatically lose your permanent resident status. File Form I-829 to have the conditions removed. Your business and investment will be re-examined to determine compliance with regulatory requirements, including capital committed and employment created. Should the endeavor prove fruitful and successful, the conditions will be removed.

Forms are available online, or by calling 1-800-870-3676, or by submitting an online request to receive forms by mail. Further information on forms, filing fees, and fee waivers is available in Forms, Fees & Filing Locations.  

Check My Application Status

Contact the USCIS office that received your application, and be prepared to provide specific information (see Checking the Status of My Case).



Appeal
If the visa petition you filed is denied, the denial letter will tell you how to appeal. For more information, see Appealing the Denial of My Petition or Application.

HELP!

Foreignborn.com has a program to assist you. See Immigrant Investor Program.



The information provided in this website is not legal advice and should not be interpreted as legal advice. This website is intended to provide a basic understanding of this information in summary form. This information may not be comprehensive, is subject to change, and may not apply to all individual circumstances. Any information received here should be confirmed with the appropriate government agencies or with an attorney, particularly as it relates to your individual circumstances. Your use of this website indicates your agreement to be bound by our Terms of Use.


 
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