Immigration Program for Investors EB-5

EB-5 is considered by USCIS as one of the employment-based preference category. However, factually, this immigration program requires a foreign national to make significant investment in the U.S. economy rather than secure an employment in the country. For this reason I put it in a different chapter of this book.


EB-5 immigration program allows individual investors (and their spouses and unmarried children under 21) to apply for a green card if they satisfy two conditions:


·         invest in a commercial enterprise in the U.S. 1 million dollars or $500,000 of a businesses us in a rural or economically depressed area


·         create or preserve 10 permanent full-time jobs for qualified U.S. workers.


The USCIS definition of a commercial enterprise - any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:


·         A sole proprietorship

·         Partnership (limited or general)

·         Holding company

·         Joint venture

·         Corporation

·         Business trust or other entity, which may be publicly or privately owned

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