Section 203(b)(5) of the Immigration and Nationality Act allocates 10,000 Employment-based Fifth Preference“EB-5” Immigrant Visas per year to qualified individuals seeking Lawful Permanent Resident status on the basis of making a substantial capital investment in a new commercial enterprise in the United States and which creates 10 jobs for qualified U.S. workers.
The EB-5 immigrant investor must invest US$1,050,000 million dollars into the new commercial enterprise; however, the investment amount can be reduced to US$800,000 if the new commercial enterprise is in a Targeted Employment Area, which a rural area or an area of high unemployment. The investor must be involved in at least policy making decisions of the new commercial enterprise, but does not have to manage or work at the business.
Upon obtaining the immigrant visas and entry into the U.S., the investor will first be granted conditional resident status. Twenty-one months after obtaining conditional resident status, the investor must file a petition to remove the condition. At that time, the investor must demonstrate that his or her investment was maintained and that his investment capital contributed to the creation of 10 jobs for United States workers.
Upon successful removal of the condition, the investor and family members will be full lawful permanent residents. Whether a conditional or lawful permanent resident, the investor and family members are just like any other lawful permanent residents and are free to live, work, attend school, wherever they like, no matter where the EB-5 investment is made.