Permanent residency through investment is one of the most direct and structured immigration options available to foreign nationals. The EB-5 investor visa offers a path to a green card for individuals who commit capital to qualifying U.S. enterprises and meet specific job creation benchmarks.
The EB-5 Framework
The EB-5 visa program is grounded in job creation. Applicants are required to invest either $800,000 or $1,050,000.00 in a U.S. business, depending on the location of the enterprise. Targeted Employment Areas (TEAs), which include rural regions and places with high unemployment, qualify for the lower threshold of $800,000. Investments outside of TEAs must meet the $$1,050,000.00 requirement.
Investors must demonstrate that their capital leads to the creation of at least 10 full-time jobs for U.S. workers. These positions must last a minimum of two years and must be filled by lawful U.S. workers. The program permits direct employment within the new commercial enterprise, or, in certain circumstances, indirect and induced employment when the investment is made through a regional center.
Investment Structure and Eligibility
Applicants do not need to start from scratch. The EB-5 program accepts investments in both new and restructured businesses. For a business to qualify as "new," it must have been established after November 29, 1990. Businesses purchased before that date may still qualify if they undergo significant restructuring or expansion that results in at least a 40% increase in net worth or workforce.
Ownership requirements are flexible. Investors may hold a minority interest and may invest alongside others, provided that each investor independently meets the investment and job creation requirements.
Day-to-day operational involvement is not a condition of the visa. Investors are not required to manage the business actively. They may take on a policy-forming role or function purely as passive investors, especially in regional center projects.
Regional Centers and Job Creation Flexibility
Regional centers are economic entities designated by USCIS to sponsor EB-5 projects. These centers facilitate investment in pre-approved commercial enterprises and are often used to aggregate multiple investor contributions. They allow for broader interpretation of job creation through indirect and induced employment, based on economic modeling.
Indirect jobs are created outside the investment project but as a result of its operations. For example, through increased demand for local suppliers or services. Induced jobs are created when employees of the new enterprise spend their income in the community, generating demand for additional services. Construction jobs can also be considered indirect employment in certain circumstances
Investments in Troubled Businesses
Investors may also qualify through investments in troubled businesses. These are enterprises that have been operating for at least two years and have posted a net loss of 20% or more of their net worth in the 12 to 24 months prior to the application.
In these cases, job preservation, not job creation, is the metric. Investors must demonstrate that their capital infusion helps retain at least 10 existing jobs for a period of 36 to 42 months. This track offers a distinct route for those looking to invest in restructuring or reviving underperforming U.S. businesses.
Launching an Investment Toward Permanent Residence
The EB-5 visa grants conditional permanent residency to qualifying investors and their immediate family. After two years, if the investment meets the job creation criteria, investors can apply to remove the conditions and obtain full lawful permanent resident status—commonly known as a green card.
For those committed to meeting the program’s requirements, it offers both an immigration benefit, and potentially a long-term foothold in the United States. To evaluate your eligibility and move forward with confidence, contact Pollak PLLC at (214) 305-2266.
