Under the EB5 investment program, foreign investors (and their spouses and unmarried children under 21) who invests a minimum of $1.8 million, or $900,000 if the investment is in a rural area or area of high-unemployment designated by USCIS, in a “new commercial enterprise” in the U.S. that creates or preserves at least ten full time jobs for U.S. citizens or authorized immigrant workers that last at least 2 years may obtain lawful permanent residence status (a green card) in the U.S. so that they can attend school, legally work in the United States or simply enjoy retirement while living anywhere in the United States.

There are three investment options for foreign investors to qualify for the EB-5 visa:

  1. invest in a new commercial enterprise (a company must have been formed after November 29, 1990);
  2. invest in a business that had been formed on or before November 29, 1990 and through the investment the existing business is restructured or re-organized into a new commercial enterprise;
  3. invest in a business that had been formed on or before November 29, 1990 and through the investment the existing business is expanded either to a 40% net worth increase or the number of employees;
  4. invest through regional centers designated by USCIS based on proposals for promoting economic growth in the U.S.

Investing in an EB-5 Regional Center is one of the most flexible paths for immigrant investors to obtain lawful permanent resident status (presently, 90-95% of all EB5 investments are through regional centers) because such investments may require lower investment amount ($900,000 v. $1,800,000), they meet the EB5 eligibility requirement and create qualifying amount of EB5 jobs, foreign investor do not need to start and manage the day-to-day affairs of a business that must directly create ten permanent jobs and do not need to speak English. Regional centers offer investment opportunities in a broad spectrum of industries, such as construction, manufacturing, mining, architectural and engineering services, computer systems design services, store retail, activities related to real estate, etc. All EB-5 investments must be “at risk”, including investments through regional centers.