EB-5 (Investment Visa)

This visa category is for those who invest one million dollars in a new enterprise that employs at least ten full-time U.S. workers (exclusive of the immigrant, his/her spouse, and any sons and daughters) or $500,000 in a designated regional center. Investor visas for those investing in rural or high unemployment areas are limited to a maximum of 3,000 every year.

“The establishment of a new commercial enterprise may consist of:

(1) The creation of an original business;
(2) The purchase of an existing business and simultaneous or subsequent restructuring or reorganization such that a new commercial enterprise results; or
(3) The expansion of an existing business through the investment of the required amount, so that a substantial change in the net worth or number of employees results from the investment of capital. Substantial change means a 40 percent increase either in the net worth, or in the number of employees, so that the new net worth, or number of employees amounts to at least 140 percent of the pre-expansion net worth or number of employees..”

EB-5 visas are initially granted to investors, their spouses, and their dependents on a two-year conditional basis.