E-B5

Another approach is to invest through an approved regional center. In these situations the investment funds are delivered to whoever manages the approved regional center under terms and conditions as to when the investment would be repaid and what income would be paid on the investment. Investments in the regional centers can be very risky and there have been instances of fraud.

The minimum investment in rural areas, targeted employment areas and in some approved regional centers is $500,000.

The documentation in support is extensive and includes:

(1) If the investment is in a regional center, the necessary supporting documentation about the regional center.

(2) If the investment is into a business, all incorporation papers including minute books, shares, accounting records as to payment for shares, share register and business license.

(3) A complete detailed history of where the investment funds came from. This would include prior personal and corporate tax returns, a bank account history, documentation on the sale of assets, documentation as to even where the money came from to buy prior assets.

(4) Documentation of the 10 jobs with names of employees, proof the employees are citizens or legal residents, description of job duties, payroll records, time records and payroll tax records.

(5) Description of the job duties of the investor.

(6) If the investment is only five hundred thousand dollars there is a need to document the high unemployment area or a failing business.

The USCIS will always request more information.

There is a possible way to meet the investment requirements if the investor has been in the U.S. on a L visa or E visa and previously established a successful business that has 10 employees.


There are some good investment opportunities in targeted employment areas or rural areas in the United States that a business broker can locate.

EB-5 INVESTORS WHO CREATE EMPLOYMENT


There is the possibility for a foreign investor to obtain a permanent visa “green card” if the investor creates a new business, acquires an interest in another business or rescues a failing business and creates 10 full time jobs. The amount of the investment is normally one million dollars but can be lowered to five hundred thousand dollars if the investment is in a rural area, targeted employment area or in some approved regional centers.

The hands on investing in a new or failing business by the investor requires the investor to participate in managing day-to- day operations. The investor is granted a two year conditional visa and if the business still existsafter two years  with 10 full time jobs then the conditions are removed.