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How difficult is it to immigrate to the US under the EB-5 immigration program?

I’ll explain more below but first, to qualify for an EB-5 visa, you must demonstrate the following:

  • Investment of capital (amount discussed below)
  • In a new commercial enterprise in the US
  • That creates and maintains at least 10 jobs for US workers

Generally, it can be difficult to obtain an EB-5 visa because it requires an investment of capital that totals at least $1,000,000. But it doesn’t have to be all cash, it can include things like intellectual property, equipment, and other assets as long as the total present value adds up to at least $1,000,000.

There is also an exception that would allow an investment of only $500,000 if that investment is made in what is called a “targeted employment area.” These are generally rural areas with high unemployment rates, so a much smaller investment will work here. If your investment can fit into this or the above paragraphs and you can prove that the funds you are investing were lawfully obtained, your investment will qualify.

The EB-5 also requires that such investment is made in a “new commercial enterprise” in the US. This phrase is defined very broadly. A commercial enterprise is any for-profit activity formed for the ongoing conduct of lawful business. In other words, any legal business will do. The word new is also even more broad than it might seem at first glance. In addition to any brand new enterprise that is just being started, it can also include a restructuring or reorganization of any existing enterprise. So not only will new investments in new businesses count but also new investments in old businesses.

You will also need to demonstrate that your investment will create and maintain at least 10 full time jobs for US workers. Evidence can include any documents showing employment records or even a business plan that shows projected growth and a valid need for enough employees. In some cases, this requirement can be met by only showing the preservation of at least 10 existing jobs.

All in all it can be difficult to obtain an EB-5 visa because even if you meet the requirements, the process can be challenging. For that reason, I suggest that you speak with an experienced immigration attorney. We offer free initial consultations at LawTrades. We have immigration lawyers experienced in obtaining EB-5 for clients so give us a visit. G’luck!


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