A person investing $500,000 in
certain circumstances or $1 million in a business that creates 10 jobs may be
granted EB-5 permanent resident status. The basic government criteria for this
status are:
- Investment
must be in a business, not a passive security such as the stock market; - Invested
funds must be the individual's, but may be a gift from a parent or other
person, provided the appropriate gift taxes are paid, if required; - The
business must have been created after November 29, 1990 or the investment
must substantially change an older business; - The amount
of investment may be $500,000 in a rural or high unemployment area; and
Create 10 jobs – no direct job creation is
required if the investment is in a "Regional Center"
EB-5 Permanent Resident status
involves making the investment, filing the appropriate petition at a CIS
Service Center, and applying for an Immigrant Visa at a United States consulate
or applying for Adjustment of Status in the U.S. After "Conditional"
Resident Status (Green Card) is granted, the individual must wait one year and
nine months to file an application to remove the "conditional" status.
With this application, evidence of the creation of the 10 jobs, if necessary,
is required as well as proof the entire investment has been made. Upon approval
of the application by CIS, the applicant is granted Permanent Resident status.