EB-5 Immigration


Congress established the Investment Immigration (EB-5) Program in 1990 to bring new investment capital into the country and to create new jobs for U.S. workers. Under a program first enacted as a pilot in 1992 and regularly reauthorized since then, investors may also qualify for EB-5 classification by investing through regional centers designated by USCIS based on proposals for promoting economic growth.

In the EB-5 Program, immigrants who invest their capital in job-creating businesses and projects in the United States receive conditional permanent resident status in the United States for a two-year period. After two years, if the immigrants have satisfied the conditions of the EB-5 Program and other criteria of eligibility, the conditions are removed and the immigrants become unconditional lawful permanent residents of the United States.

The EB-5 Program is based on three main elements:

(1) The immigrant’s investment of capital:

a) Generally, the minimum is $1.8 million;

b) Targeted Employment Area (High Unemployment or Rural Area): The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $900,000.

(2) In a new commercial enterprise, which is a commercial enterprise

a) Established after Nov. 29, 1990, or

b) Established on or before Nov. 29, 1990, that was:

i) Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results; or

ii) Expanded through the investment, resulting in at least a 40 percent increase in the net worth or number of employees.

(3) That creates full-time positions for at least 10 qualifying employees:

a) For a new commercial enterprise not located within a regional center, the new commercial enterprise must directly create the full-time positions to be counted. This means that the new commercial enterprise (or its wholly owned​ subsidiaries) must itself be the employer of the qualifying employees.

b) For a new commercial enterprise located within a regional center, the new commercial enterprise can directly or indirectly create the full-time positions.

i) Direct jobs establish an employer-employee relationship between the new commercial enterprise and the persons it employs.

ii) Indirect jobs are held outside of the new commercial enterprise but are created as a result of the new commercial enterprise.

c) In the case of a troubled business, the EB-5 investor may rely on job maintenance.

i) The investor must show that the number of existing employees is, or will be, no less than the pre-investment level for a period of at least two years.


Our Services Provided: 

Understanding that investment immigration is one of the most complex immigration programs, our professional team will work closely with you to learn your goals and concerns, effectively communicate with you, and guide you through the whole process. We will advise you on the right immigration strategies, help you prepare the required documents, present your case to USCIS to establish your eligibility, and make necessary follow-up with USCIS regarding your case status. You can send us the info about yourself and your immigration goal through email info@bianlaw.com for a free evaluation.