EB-5
Eligibility criteria
Engagement in a New Commercial Enterprise
This preference category for employment-based immigration is reserved for foreign investors who can make a minimum capital investment into a new commercial enterprise that creates and/or preserves permanent full-time employment for at least 10 qualified U.S. workers. Capital amounts and requirements differ based on if the investment will be in designated areas encouraged by the U.S. government.
One must invest in a new commercial enterprise, which is any for-profit activity formed for the ongoing conduct of lawful business that was either:
- a. Established after Nov. 29, 1990; or
- b. Established on or before Nov. 29, 1990 that was:
- i. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results; or
- ii. Expanded through the investment so that a 40% increase in the net worth or number of employees
Any for-profit organization formed in the United States for the ongoing conduct of lawful business can count including:
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- sole proprietorship,
- partnership (whether limited or general),
- holding company and its wholly owned subsidiaries (provided that each subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business),
- joint venture,
- corporation,
- business trust,
- limited liability company,
- or other entity (which may be publicly or privately owned) that receives, or is established to receive, capital investment from immigrant investors.
The immigrant investor must be engaged in the management of the new commercial enterprise, either through the exercise of day-to-day managerial responsibility or through policy formulation.
To read additional details about the EB-5 category, please visit the USCIS website here.
An Investment of Capital
An immigrant in this category must invest his/her own capital. The amount is generally $1,050,000 million, for the location where the commercial enterprise will be principally doing business or creating jobs OR $800,000 in a rural area or other underserved area. These amounts will be increased over time and should be checked before deciding to apply for the visa.
- Capital includes cash and all real, personal, or mixed tangible assets owned and controlled by the investor, or held in trust for the benefit of the investor and to which investor has unrestricted access
- Applicants must establish that they are the legal owner of the capital invested.
- Capital must be expected to remain invested for not less than 2 years and must be put at risk. Intent to invest or a loan from the immigrant investor to the new enterprise does not count.
Job Creation
An EB-5 investor must create full-time positions for at least 10 qualifying employees. For a new commercial enterprise not located within a need-based area, the new commercial enterprise must directly create the full-time positions to be counted. This means that the new commercial enterprise (or its wholly owned subsidiaries) must itself be the employer of the qualifying employees.
For a new commercial enterprise located within a need-based area, the new commercial enterprise can directly or indirectly create the full-time positions. Directly created jobs establish an employer-employee relationship between the new commercial enterprise and the persons it employs. Indirectly created jobs are held outside of the new commercial enterprise but are created as a result of the new commercial enterprise. In the case of a troubled business, the EB-5 investor may rely on the maintenance of the current level of present jobs (still needs to have at least 10 employees) for two years.
A qualifying employee is a U.S. citizen, lawful permanent resident, or other immigrant authorized to work in the United States. It does not include anyone in non-immigrant status. Full-time positions require a minimum of 35 working hours per week and cannot be temporary, intermittent, or seasonal. Jobs expected to last at least two years are not considered temporary under this legal standard.
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Problems when filing that visa
- The jobs created cannot be intermittent, temporary, seasonal, or transient. One should prove that the job will at least last two years.
- Document Requirements are intensive.
- Immigrant must have substantial funds to invest.
How we can help.
We will analyze the nature of the provided capital to ensure that he/she can demonstrate that they qualify for the visa classification. We can also help an interested client determine an effective means of targeted investment in order to meet the legal standard.
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I worked with Anu and her team regarding an EAD issue that was going to affect my employment. From the beginning, Anu was able to understand the problem and provided excellent guidance and recommendations. She was able to work on filling the case very quickly on my behalf. She kept me in loop throughout the process. She explained every step of the process very well and was able to answer all the questions I had in a manner I can understand.
...I would highly recommend her for any immigration related issues or questions.
Professional, well organized, and passionate immigration services – Family Green Card approved
I worked with Ms. Anu Gupta at Immigration Desk to apply for permanent residence (green card) for my mother. I am originally from India (naturalized as a US citizen), and I wanted my mother to get a green card so she can visit and stay with us more often. Ms. Gupta was extremely professional and friendly throughout our application process. I always got diligent updates and follow-ups during our process, and she made sure to guide us through every step.
...More importantly, she had a uniquely personal touch with our case, considering the emotional and legal complexities of applying for a green card as an older Indian citizen/parent (like my mother). She had multiple phone calls with my parents where she reassured them about many of their concerns, and talked about her own experience doing the same for her parents in the past. Coming from an Indian background, I could not be more thankful that I worked with her. She made sure to slowly and professionally explain all of the pitfalls and steps that we should be wary of and reassured them that it is possible to have two homes (such as when applying for a green card to stay with children abroad). Indian families have very unique concerns about various life stages and experiences, so I was very happy that I worked with an immigration lawyer who understood all those nuances.
It goes without saying that I will recommend her (and Immigration Desk's) services (especially to Indians), and I will also work with them in the future.
Thanks IAN and ANU!! Happy to work with you guys for F1 visa
I am writing this with lot of happiness by seeing the approval document in my hand I'm really grateful to Anu and IAN for their support and patience in answering all my questions with their great knowledge.
...Once again, Thank you so much!!
Thank you Anu and Ian! EB-1B approved.
I'm really grateful to Anu and Ian for helping me file my EB1-B (outstanding researcher) petition. They have been amazing and very supportive throughout the process.
...My I-140 got approved recently and I485 is pending which will be approved soon. This was my last hope to work in US and Anu and Ian made it possible with their guidance.
Once again thank you so much guys! You have the best team in Boston.
Professional, well organized, and very responsive corporate immigration lawyers
I have known Attorney Anu Gupta for over 10 years now. I have personally used her for my own green card filling and also as an employer to file for many H1Bs and employment based green cards for our professional employees.
...I cannot describe how well she and her team handled all our cases. Immigration Desk attorneys and their support team are extremely professional, well organized, and very responsive. Even with her busy schedule, Attorney Gupta reviewed all the cases and documents before filing petitions.
Attorney Gupta has offered some great solutions even in some difficult situations and successfully got visa approvals for our company. All of my personal friends and families have used Immigration Desk services. Attorney Gupta has guided me throughout my journey till I got my green card.
I am extremely thankful and grateful for her support. I highly recommend Attorney Gupta for any immigration-related services.
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