EB5 Visa

EB-5: Make a Home in the
U.S. Through Significant
Investment and Job-Creation

As an EB-5 immigrant investor, you have the potential to drive significant U.S. economic growth.

The U.S. government considers it a matter of national interest to provide foreign investors with a unique immigration arrangement in exchange for choosing to invest in the Unites States. Allow Smith, Gambrell & Russell’s Global Immigration & Mobility Practice Group to guide you through your application to the EB-5 program.

Congress created the EB-5 visa for immigrant investors in 1990 to stimulate the U.S. economy through job creation and capital investment. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since, certain EB-5 visas also are set aside for foreign investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.


What are the EB-5 Program Requirements?

The EB-5 visa, also known as an “EB-5 Green Card,” is for foreign investors who purchase or create a new U.S. enterprise:

  1. Invest or be actively in the process of investing U.S.$1 million (may be as little as U.S.$500,000 for investment in a targeted employment area), and
  2. Create at least 10 new full-time positions for U.S. citizen or immigrant workers within 2 years.

For an EB-5 immigrant investor, “commercial enterprise” means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:

  • A sole proprietorship
  • Partnership (whether limited or general)
  • Holding company
  • Joint venture
  • Corporation
  • Business trust or other entity, which may be publicly or privately owned

This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.

Note: This definition does not include noncommercial activity such as owning and operating a personal residence.

What are the EB-5 Visa Job Creation Requirements?

  • Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
  • Create or preserve either direct or indirect jobs:
    • Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 immigrant investor has directly invested his or her capital.
    • Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 immigrant investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.