Eb-5 is a class of immigration petitions for foreign investors who seek to engage in commercial enterprises which are of benefit to U.S. economy and job creation. There are two EB-5 programs, the Regular Program and the Regional Center Program.
For the Regular Program, an applicant must prove the following:
(1) Investing $1 million, or $500,000 in targeted employment area - a rural area; or a high-unemployment area (at least 150 percent of the national average rate); the investment fund is capital which is required to be acquired by lawful means.
(2) Hiring at least 10 full-time (at least 35 hours/wk) U.S. workers (a U.S. citizen, permanent resident, an asylee, a refugee), but for a troubled business, maintaining the number of existing employees. A troubled business is one that has been existed for at least two years and has incurred a net loss during the one year or two year period which is equal to or beyond 20 percent of the business’s net worth before the loss.
(3) Setting up a new commercial enterprise: a new commercial enterprise can be one or more of the following: a. Creation of an original business: “invested” in but not needed to “establish” the original business; b. Purchase of an existing business, restructuring or reorganization: only change of the legal form of the enterprise will not be sufficient; the USCIS will scrutinize whether the consequence is creation of 10 or more new employment opportunity; c. Expansion of an existing business: must result in at least 40% increase in the net worth of business or number of employees.
(4) Engaging in day-to-day operation.
For the Regional Center Program, an investment must be made in a commercial enterprise located within the designated regional centers. If a regional center is located in a rural area as targeted employment area, the investment can reduce to $500,000. Further, the 10 job creation requirement is relieved under the program and showed through designation of a regional center. In addition, the above fourth requirement (daily operation requirement) is removed.
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