EB-5 (Immigrant Investors)
The fifth employment based preference category, created by Congress in 1990, is available to immigrants seeking to enter the United States in order to invest in a new commercial enterprise that will benefit the US economy and create at least 10 full-time jobs.

ELIGIBILITY CRITERIA

New Business Enterprises
• You must invest or be in the process of investing at least $1 Million; and
• The investment must benefit the US economy by providing goods or services to US markets; and
• The investment must create full-time employment for at least 10 US workers. This includes US citizen, Green Card holders, and other individuals lawfully authorized to work in the United States. However, it does not include you, or your spouse, sons or daughters; and
• You must be involved in the day-to-day management of the new business or directly manage it through formulating business policy
Troubled Business
• You must invest in a business that has existed for at least two years; and
• You must invest at least $1 Million; and
• You must invest in a business that has incurred a net loss, based on generally accepted accounting principles for the 12 to 24 month period before you file the Form I-526 Immigrant Petition by an Alien Entrepreneur; and
• The loss for the 12 to 24 month period must be at least equal to 20 % of the business’s net worth before the loss; and • You must maintain the number of jobs at no less than the pre-investment level for a period of at least two years; and
• You must be involved in the day-to-day management of the troubled business or directly manage it through formulating business policy


GENERALLY REQUIRED EVIDENCE

I-526 Petition
• Evidence that you have established a “for profit” new commercial enterprise; and
• Evidence that you have invested or are in the process of investing the amount required; and
• Evidence that the investment funds were obtained through lawful means; and
• Evidence that the new commercial enterprise will create at least 10 full time positions (i.e., Business Plan); and
• Evidence that you will be actively involved in the management of the new commercial enterprises
I-829 Petition
• Evidence that you in fact established a new commercial enterprise; and
• Evidence that you have invested the total amount of required funds; and
• Evidence that you have sustained your investment in the new commercial enterprise throughout your two-year period of conditional permanent residence; and
• Evidence of the number of full-time employees at the beginning of your business and at present


PROCEDURE

 
Stage 1: Collecting Evidence Stage 2: File I-526 & I-485 to USICS Stage 3: Fingerprint Stage 4: Conditional Approval
           
        Stage 6: Final Approval Stage 5: File I-829 to USCIS


TIME FRAMES

Stage 1 to Stage 2: about 2 months
Stage 2 to Stage 3: about 2 months
Stage 3 to Stage 4: about 3 months
Stage 4 to Stage 5: 2 years
Stage 5 to Stage 6: about 6 months


EXCEPTIONS & NOTICE

A. Our office does not get involved with the enterprise selection process you want to invest in
B. After the conditional approval on Stage 4, you will have a temporary green card for two (2) years
EB-1/NIW
Frequently Asked Questions(EB-1)
EB-1 (Extraordinary Ability)
EB-2 (NIW: National Interest Waiver)
EB-1 (Outstanding Researcher)
EB-1 (Adjudication Trend)
Start-Up VISA
J-1/H-3 (Trainee)
O (Extraordinary Ability)
Business Trips (Visa Waiver/ B Visa)
L-1 (Transferee)
E-1/E-2 (Trader/Investor)
H-1B (Professional)
TN/E-3 (Professional)
F-1 OPT
Start-Up Issues
Green Card (Employment)
EB-1 (Extraordinary Ability)
EB-1 (Multinational Executives)
EB-1 (Outstanding Researcher)
EB-2 (NIW: National Interest Waiver)
EB-2 (Advanced Degree Holders)
EB-3 (Skilled Workers)
EB-4 (Religious Workers)
EB-5 (Immigrant Investors)
Frequently Asked Questions (EB-2)
Green Card (Family)
IR-1 (Spouse of a U.S. Citizen)
IR-2 (Unmarried Child Under 21 Years of Age of a U.S. Citizen)
IR-5 (Parent of a US Citizen)
FB-1 (Unmarried Sons and Daughters of U.S. Citizens)
FB-2 (Spouses, Minor Children, and Unmarried Sons and Daughters of LPRs)
FB-3 (Married Sons and Daughters of U.S. Citizens)
Work VISA
E-1/E-2 (Work Visa)
E-3 (Visa)
H-1B (Visa)
H-3 (Visa)
L-1 (Visa)
O (Visa)
P (Visa)
R (Visa)
TN (Visa)
J-1 (Trainee)
Frequently Asked Questions (F-1)
Frequently Asked Questions (H-1B)
Frequently Asked Questions (E-2)
Frequently Asked Questions (L-1)
Investment VISA
E-1/E-2 (Investment Visa)
EB-5 (Immigrant Investors)
EB-5 (Regional Center Pilot Program)
Frequently Asked Questions (E-2)
Frequently Asked Questions (EB-5)
Student VISA
F-1 (Visa)
J-1 (Visa)
M-1 (Visa)
OPT/STEM Extension
Citizenship
N400 (Naturalization)
N470 (Preserve Residence for Naturalization)
Other Issues Affecting Immigrants

New York Office

575 Madison Avenue 23rd Fl
New York, NY 10022
TEL: 646.308.1215
FAX: 917.210.4001

New Jersey Office

640 E. Palisade Ave. 3rd F.
Englewood Cliffs, NJ 07632
TEL: 201.886.2400
FAX: 917.210.4001

Silicon Valley Office

1250 Oakmead Parkway,
Suite 210
Sunnyvale, CA 94085
Tel: 650.856.2500
Fax: 917.210.4001