The EB-5 Investor Visa: Immigration Through Investment?

The EB-5 program generally requires foreign investors seeking visas to invest $1 million in any venture in this country that will create at least 10 full-time jobs, pursuant to the Immigration Act of 1990…” [Ronald Shapiro]

We’ve seen a recent uptick of interest in the EB-5 foreign investment visa. From law firms on JD Supra, here’s an overview in video and text updates of how the program works:

[Video: EB-5 Visas Enhanced to Increase Investments into the United States by Allen Matkins]

Also see:

Legislative Update on the state of the EB-5 Immigrant Investor Program [Akerman Senterfit]

“The program creates foreign investment by allowing a person, with qualifying immediate family members, to obtain permanent resident (green card) status by investing in a new U.S. commercial enterprise, and creating or saving 10 full time U.S. jobs. The usual required investment is $1 million, but this amount is reduced to $500,000 if the investment is made in a rural area or area of high unemployment…” Read on»

EB-5 (Job Creation) Investor Green Card Pursuit, Regional Center Approach & TEA Designation Information [Sheppard Mullin]

“[There are] many federal immigration regulations and legal precedents that govern these EB-5 petition filings and underlying eligibilities. They help to define, amongst other things: the nature, size, scope, and origin of the qualifying financial investment; the nature and status of the U.S. commercial enterprise that will serve as the EB-5 vehicle; the “At-Risk” nature of the invested/created commercial enterprise being operated; the direct creation and maintenance of at least 10 full-time jobs for at least two-plus years to qualifying U.S. workers (other than applicant or family); the “management/overseeing” roles/tasks that the investor must be accorded, and the types of business records that must accompany a complete EB-5 immigration filing…” Read on»

 EB-5 Pilot Program Popular in China [Ronald Shapiro]

“The growth in EB-5 visa participation among Chinese investors is due in large part to the rising number of wealthy entrepreneurs from China. According to a recent study by China Merchant Bank and domestic consulting firm Bain & Company, the number of Chinese with investable assets of more than $1.5 million is expected to approach 585,000 people this year.

That presents a wonderful opportunity for cross-cultural economic exchange and U.S. investment via the EB-5 program, but it also presents opportunities for unsavory individuals who call themselves “immigration agents.” Many of these people have no legal training, no license to conduct an immigration practice and no concern for those who are paying them for “processing” of paperwork…” Read on»

Additional reading:

Immigration Through Investment : EB5 Visa (pubd. 2010) [Estefania Vidal]

EB-5 Update (2010) [Law Office of Maya Chose]

U.S. Immigration Investment Opportunities for Foreign Nationals [Snell & Wilmer]

Fleeing The Mexican Drug War: Foreign Investors’ Immigration Issues – The Matrix of U.S. Legal Considerations [Jackson Walker]

Immigration Advisory: Attention Foreign Entrepreneurs: New StartUp Visa Act of 2010 Introduced in Congress [Mintz Levin]

FBAR Violation Puts Green Card Holders At Risk [Sanford Millar]

Follow additional Immigration Law updates»