Permanent resident status based on EB-5 eligibility is available to
investors, either alone or coming with their spouse and unmarried
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 thosewho 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; or
- 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
- Who have invested -- or who are actively in the process of
investing -- in a new commercial enterprise:
(a) at least $1,000,000, or
(b) 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; and
- Whose engagement in a new commercial enterprise will
benefit the United States economy and:
(a) create full-time employment for not fewer than 10 How do I seek status as an immigrant investor?
qualified individuals; or
(b) 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.
In order to seek status as an immigrant investor, you must file
USCIS Form I-526, Immigrant Petition by Alien Entrepreneur.
The Form I-526 must be filed with supporting documentation
which clearly demonstrates that the individual’s investment meets
all requirements, such as:
- establishing a new commercial enterprise,
- investing the requisite capital amount,
- proving the investment comes from a lawful source of funds,
- creating the requisite number of jobs,
- demonstrating that the investor is actively participating in
the business; and, where applicable
- creating employment within a targeted employment area.
How do I obtain status as a conditional permanent
Once the Form I-526 is approved, immigrant investors may obtain
status as a conditional resident by:
- Filing USCIS Form I-485, Application to Register Permanent
Residence or Adjust Status, if residing within the United
- Applying for an immigrant visa at a U.S. Consulate abroad,
if residing outside the United States.
How do I obtain status as a permanent resident?
In order to become a lawful permanent resident, eligible investors
must file an USCIS Form I-829, Petition by Entrepreneur to
Form I-829 must be filed within 90 days before the second
anniversary of an Alien Investor’s admission to the United States
as a conditional resident.
Where do I apply?
You should file the USCIS Form I-526 at the USCIS Service
Center having jurisdiction over the area in which the new
commercial enterprise will be principally doing business.
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