Overview

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

In general, "eligible individuals" include those:

1. Who establish a new commercial enterprise by:

• creating an original business;
• purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results;
• expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and

2. Who have invested -- or who are actively in the process of investing -- in a new commercial enterprise:

• at least $1,000,000, or
• at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB;

3. Whose engagement in a new commercial enterprise will benefit the United States economy and:

• create full-time employment for not fewer than 10 qualified individuals;
• maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

Eligibility Requirements

"Alien investors" must:

* Demonstrate that a "qualified investment" (see below) is being made in a new commercial enterprise located within an approved Regional Center; and,
* Show, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.

The attorney can assist you in preparing and completing your application. Here’s how it works:

1. Fill out the Standard questionnaire and the payment form online. Then submit.
2. Within a few minutes, we will e-mail you a (a) Visa application questionnaire, (b) our Retainer Agreement, and (c) a checklist of documents required to support your application. Do not leave any blank spaces on the questionnaire. Enter "N/A" when the information being asked does not apply to you.
3. Print the attachments that we have e-mailed you.
4. Proceed by filling out the Visa Application Questionnaire. Do not leave any blank spaces on the questionnaire. Enter 'N/A" when the information being asked does not apply to you.
5. Review the list of required supporting documents to be attached to the Visa Application Questionnaire.
6. Sign and date the Retainer Agreement.
7. Mail all the documents back.
8. The Attorney prepares your application upon receipt of the documents from you. A copy will be e-mailed to you for review and corrections.
9. The original application will be e-mailed to you as a PDF document for printing, signing and sending back.
10. The Attorney then files your application with the BCIS.