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In this section:
Immigrant Petition by Alien Entrepreneur
Register Permanent Residence
Petition to Remove Conditions
The Complete Guide to Selling a
Business
What is my business
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PBS - NIGHTLY BUSINESS REPORT
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Ask an immigration attorney
see:
Unternehmenskauf
Investor
Visa
 Overview
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C.
§ 1153(b)(5), 10,000 immigrant visas per year are available to qualified
individuals seeking permanent resident status on the basis of their engagement
in a new commercial enterprise.
Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 5,000 are
set aside for those who apply under a pilot program involving an CIS-designated
“Regional Center.”
A "Regional Center:"
- Is an entity, organization or agency that has been approved as such by
the Service;
- Focuses on a specific geographic area within the United States; and ,
- Seeks to promote economic growth through increased export sales,
improved regional productivity, creation of new jobs, and increased domestic
capital investment.
"Alien investors" must:
- Demonstrate that a "qualified investment" (see below) is being made in a
new commercial enterprise located within an approved Regional Center; and,
- Show, using reasonable methodologies, that 10 or more jobs are actually
created either directly or indirectly by the new commercial enterprise
through revenues generated from increased exports, improved regional
productivity, job creation, or increased domestic capital investment
resulting from the pilot program.
Eligibility
Permanent resident status based on EB-5 eligibility is available to
investors, either alone or coming with their spouse and unmarried children.
Eligible aliens are those who have invested -- or are actively in the process of
investing -- the required amount of capital into a new commercial enterprise
that they have established. They must further demonstrate that this investment
will benefit the United States economy and create the requisite number of
full-time jobs for qualified persons within the United States.
In general, "eligible individuals" include those:
- Who establish a new commercial enterprise by:
- creating an original business;
- purchasing an existing business and simultaneously or subsequently
restructuring or reorganizing the business such that a new commercial
enterprise results; or
- expanding an existing business by 140 percent of the pre-investment
number of jobs or net worth, or retaining all existing jobs in a
troubled business that has lost 20 percent of its net worth over the
past 12 to 24 months; and
- Who have invested -- or who are actively in the process of investing --
in a new commercial enterprise:
- at least $1,000,000, or
- at least $500,000 where the investment is being made in a "targeted
employment area," which is an area that has experienced unemployment of
at least 150 per cent of the national average rate or a rural area as
designated by OMB; and
- Whose engagement in a new commercial enterprise will benefit the United
States economy and:
- create full-time employment for not fewer than 10 qualified
individuals; or
- maintain the number of existing employees at no less than the
pre-investment level for a period of at least two years, where the
capital investment is being made in a "troubled business," which is a
business that has been in existence for at least two years and that has
lost 20 percent of its net worth over the past 12 to 24 months.
How do I ...Seek Status as an Immigrant Investor
In order to seek status as an immigrant investor, you must file CIS Form
I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed
with supporting documentation which clearly demonstrates that the individual’s
investment meets all requirements, such as:
- establishing a new commercial enterprise,
- investing the requisite capital amount,
- proving the investment comes from a lawful source of funds,
- creating the requisite number of jobs,
- demonstrating that the investor is actively participating in the
business; and, where applicable,
- reating employment within a targeted employment area.
How do I ...Obtain Status as a Conditional Resident
Once the Form I-526 is approved, immigrant investors may obtain status as a
conditional resident by:
- Filing Form I-485, Application to Register Permanent Residence or Adjust
Status, if residing within the United States; or,
...Become a Permanent Resident Based on Investment
In order to become a lawful permanent resident, eligible investors must file
a Form I-829, Petition by Entrepreneur to Remove Conditions. Form I-829 must be
filed within 90 days before the second anniversary of an Alien Investor’s
admission to the United States as a conditional resident.
.../ ask an immigration attorney
Source and further details:
U.S.
Citizen and Immigration Services
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