This category (EB-5) allows foreign nationals who invests in new commercial enterprises in the United States to petition for permanent residence in the U.S. To establish a new commercial enterprise, the individual must make a capital investment of $1,000,000 or $500,000 in a “targeted employment area” and the investment must benefit the U.S. economy and create full-time employment positions for at least ten qualified employees.
Two or more individuals may join to make an EB-5 investment. A single new commercial enterprise may be used for investor/employment-creation classification by more than one investor, provided that:1) each petitioning investor has invested (or is actively in the process of investing) the required amount; and 2) each investment results in the creation of at least 10 full-time positions for qualifying employees.
The investment must be in a “new commercial enterprise”. Therefore, any for-profit entity created for the ongoing conduct of lawful business may serve as a commercial enterprise. This includes sole proprietorships, partnerships, holding companies, joint ventures, corporations, business trusts, or other entities publicly or privately owned. However, the term “new commercial enterprise” does not include non-commercial activity, such as owning and operating a personal residence or nonprofit enterprise.
DISCLAIMER: The information give in this website is intended as general information only and is not a substitute for the services of an immigration attorney in your specific case.