EB-5: Employment Based Immigration – Immigrant Investor Program

EB-5: Employment Based Immigration – Immigrant Investor Program

2023/04/04 12:53pm

Congress created the Immigrant Investor Program, also known as the EB-5 program, in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.

Eligibility
To qualify for the EB-5 program, a foreign investor must make a minimum capital investment into a new commercial enterprise that creates and/or preserves permanent full-time employment for at least 10 qualified U.S. workers.

You may be eligible to be classified as an EB-5 immigrant investor if you:

Invest in a new commercial enterprise, which is any for-profit activity formed for the ongoing conduct of lawful business that was either:
Established after Nov. 29, 1990; or
Established on or before Nov. 29, 1990; that was:
Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results; or
Expanded through the investment so that a 40% increase in the net worth or number of employees; or
Invest the required minimum amount of capital: $1,050,000 for standard investments or $800,000 for investment in a commercial enterprise principally doing business in a targeted employment area or a regional center-associated infrastructure project. For petitions filed before March 15, 2022, the two amounts were $1,000,000 for standard investments or $500,000 for investments in a targeted employment area.
Please visit the E-B Immigrant Investor page for more information.

How to File
You must:

1. Read the instructions for Form I-526, Immigrant Petition by Standalone Investor, or I-526E, Immigrant Petition by Regional Center Investor;
2. Complete and sign your Form I-526 or I-526E;
3. Pay the filing fee, if applicable; and
4. Provide all required evidence and supporting documentation.
USCIS strongly recommends that you also visit the EB-5 filing tips page.

Want status updates about your case? Learn how to create a USCIS online account to stay informed.

After You File
Once USCIS receives your form, you will receive a:

Receipt notice confirming USCIS received your petition;
Biometric services notice, if applicable;
Notice to appear for an interview, if required; and
Notice of USCIS decision.
Forms and Fees
1. Form I-526
2. Form I-526E