EB-5 Investment Visa
EB-5 visa applicants are typically required to make either a $500,000 or $1 million capital investment amount into a U.S. commercial enterprise. Investment can take the form of cash in the EB-5 visa, inventory, equipment, secured indebtedness, tangible property, or based on U.S. dollar fair-market value cash will be evaluated.
EB-5 Job Creation Requirements
The USCIS requires that EB-5 investments result in the creation of 10 full-time jobs for U.S. workers. After the investor has received their conditional permanent residency the jobs must be created within the two year period. In some cases, the investor must be able to prove that their investment led to the creation of direct jobs for employees who work directly within the commercial entity that received the investment. However, the EB-5 investor may only have to show that 10 full-time indirect or induced jobs were created if the investment was made in a regional center. Indirect jobs are those created in businesses that supply goods or services to the EB-5 project. Induced jobs are jobs created within the greater community as a result of income being spent by EB-5 project employees.
EB-5 Business Entities
There are numerous types of business entities in which an EB-5 visa applicant can invest. In broad, you can invest directly in a new commercial enterprise or in a regional center. New commercial enterprises are lawful for-profit entities that can take one of many different business structures. Such business structures include corporations, general partnerships or limited, sole proprietorships, business trusts, or other privately or publicly owned business structures. After November 29, 1990 all new commercial enterprises must have been established.
However, older commercial enterprises may qualify if the investment leads to a 40-percent increase in the number of employees or net worth, or if an older business is restructured to such a degree that a new commercial enterprise results. In addition to individual business enterprises, EB-5 visa applicants can also invest in EB-5 Regional Centers. Regional centers administer EB-5 projects. It may be more advantageous for an investor to invest in a regional center-run project because the investor will not have to independently set up the EB-5 projects.