The EB-5 visa is granted to foreign nationals for job creation and capital investments. The investor should invest either in a new commercial enterprise or in an existing commercial enterprise or in a Regional Center administering EB-5 projects.
EB-5 applicant can invest between USD 500,000 and USD 1,000,000 depending upon where the investment is made, in a Targeted Employment Area in either a rural area or in a location with high unemployment and in the following type of commercial enterprises:
a. Sole proprietorship;
b. Partnership – limited or general;
c. Holding Company;
d. Wholly-owned subsidiaries;
e. Joint Venture Company;
g. Business trust;
h. Other entity, publicly or privately owned.
If the applicant wishes to invest in an existing commercial then the investment must lead to a 40% increase in the number of employees or net-worth or there is a restructuring leading to a new commercial enterprise.
Some states for targeted employment areas are California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Michigan, New Jersey, New York, North Carolina, Ohio, South Carolina, Utah, Virginia and Winconsin.
The applicant should ensure that the investment funds originate from lawful process and are enough to create at least 10 jobs for qualified U.S. workers in USA within two years or within a reasonable time beyond two years under certain circumstances. The applicant can create direct jobs for employees in the invested existing commercial enterprise. The applicant must be involved in the daily management of the commercial enterprise.
The highlight of this visa is that the spouse and children under 21 years of age of the applicant are covered in the same application. The applicants shall be granted a conditional residency visa. Only after 21 months, the EB-5 visa holders are eligible for the condition removal application and then further apply for permanent resident card.