Blank Rome’s immigration attorneys assist entrepreneurs seeking to invest in the United States to obtain permanent residency through the EB-5 Immigrant Investor Program, one of the most flexible paths to a green card. Our immigration attorneys have significant experience preparing successful EB-5 cases, which require sophisticated corporate, tax, investment, and immigration law advice at every step of the process in order to ensure that the entrepreneur’s financial interests are protected and that the requirements for the visa category are met.
EB-5 Investment Programs
- Designated Regional Center (DRC)—also called “Pilot Program” investments. DRCs, designated by U.S. Citizenship and Immigration Services, are located throughout the United States and promote economic growth, job creation, and improved regional productivity.
- Regular program investments—investments made anywhere other than in a DRC.
- The enterprise must create at least 10 new, full-time jobs for U.S. workers.
- The enterprise must be a “new commercial enterprise,” or an existing enterprise substantially reorganized such that a “new commercial organization” is created.
- Foreign nationals must invest $500,000 or $1 million of capital in a commercial enterprise, and the investment must be “at risk.”
Required Investment Amount
- Normally the required investment amount is $1 million.
- The amount required is $500,000 if investing in a rural area (an area outside a metropolitan statistical area) or targeted unemployment area (an area with an unemployment rate of at least 150% of the national average).
The Role of the Foreign Investor
- Investors in the regular program must actively involve themselves in management of the new enterprise (managing day-to-day operations, managing policy formulation, etc.).
- Investors who choose to invest in a DRC may have very minimal managerial involvement.
Pooling Investments Among Multiple Entrepreneurs
- Investors may pool investments with others applying for EB-5 status as long as each investor contributes the required capital amount.
- The jobs created by the commercial enterprises from pooled investments will be allocated among the entrepreneurs seeking investor visas. Each investor must account for the creation of 10 U.S. jobs.