EB-5 Eligibility Criteria
Permanent residence in the United States (green card status) is available to qualified immigrants who invest in qualifying U.S. business opportunities. The alien investor’s spouse and minor children under the age of 21 are also eligible for permanent residence under the EB-5 program.
Criteria for EB-5 Approval
Immigrants who wish to apply for U.S. residency through the EB-5 investment program must meet the following criteria:
1. Financial investment. The investor must have the financial resources to commit up to $1 million in lawfully obtained funds to a U.S. business. A smaller investment of $500,000 is allowable when the alien immigrant selects a business located in an approved, economically disadvantaged area.
2. Approved Form I-526. An "Immigrant Petition by Alien Entrepreneur" is a critical starting point in your EB-5 approval process. The alien investor must document in this application that they have started the U.S. business investment process. Extensive evidence must be submitted, including tax returns, bank statements, funds transfer records, articles of incorporation, and a detailed business plan.
3. Purchase of a U.S. Business. Qualifying alien investors may start an entirely new business, restructure or reorganize an existing business, purchase and expand the operations of an on-going business, or hold a policy making role in an eligible company.
4. Job Creation for U.S. Residents. Ten U.S. citizens must be employed in the qualifying company, within two years of the investment. The investor, their spouse, or children are not counted in this job creation number. Depending on the type of EB-5 investment program selected, these positions may be a direct or indirect result of the investment.
Discuss your EB-5 Eligibility with Experienced U.S. Immigration Attorneys
The EB-5 visa lawyers at Hodkinson Law Group, based in London, work with EB-5 applicants every day. We understand how to complete the Form I-526, including all the supporting documentation needed for your U.S. visa application. Contact us today to discuss your U.S. immigration goals.