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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.



Yang & Associates, LLP has offices in Silicon Valley area, California and Downtown Chicago, Illinois. It specializes in immigration law and provides comprehensive immigration legal services to individuals, businesses, and universities. It is dedicated to providing the highest quality services with a competitive fee schedule. Its attorneys have handled hundreds of EB-1A, EB-1B, NIW, PERM, H-1B, L-1, O-1, EB-5, I-485, I-130, J-1 waiver and other types of immigration cases. If you have any questions or need a free case evaluation, please contact our attorneys at:

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