Employment-Based Permanent Residence Petitions: Immigrant Investors
EB-5 is an employment-based visa. As with family-based immigration, the United States Congress has designated those employment-based groups to which it gives preference in immigrating to the US. All employment-based groups are subject to an overall numerical limitation. There are five employment-based preferences.
The fifth employment-based preference, EB-5, is set aside for immigrant investors who invest a specific minimum amount of capital in a new commercial enterprise which will create employment for a specific minimum number of US workers. Qualification is based on the amount of investment, and the alien investor must play an active role in the investment. Labor certification is not required for EB-5.
Immediate family members of an EB-5 immigrant can also immigrate with the immigrant investor.
The grant of residence under EB-5 is conditional for a two year period. The alien investor must file a petition prior to the two-year anniversary requesting that the conditional basis of his or her residence be removed. To remove the conditional status, the investor must establish that he or she continues to meet the conditions for participation in the program.
To qualify for immigrant investor status, the alien investor must meet each of the following requirements: