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Eligibility and Requirements
In 1990 under section 203(b) (5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b) (5) the US Congress created the fifth employment-based preference (EB-5) immigrant visa category. To encourage immigration through the EB-5 program, Congress created a Regional Center Investment Program in 1993. The program specifically sets aside 3,000 visas annually for foreign investors who apply through a United States Citizen and Immigration Services (USCIS) designated regional center. To qualify for the provisional program foreign investors must:
- Demonstrate that a "qualified investment" is being made in a new commercial enterprise located within an approved regional center. The qualified investment must be:
- At least $500,000 in qualifying targeted employment areas (TEA). CCFI focuses solely on projects within qualifying targeted employment areas (TEAs), or
- At least $1,000,000
- Demonstrate the qualified investment will benefit the United States economy and:
- Show, using reasonable methodologies, that 10 or more jobs are created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment
How do I Seek Status as an Immigrant Investor?
In order to seek status as an immigrant investor, you must file UCIS Form I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation which clearly demonstrates that the individual's investment meets all requirements, such as:
- establishing a new commercial enterprise,
- investing the requisite capital amount,
- proving the investment comes from a lawful source of funds,
- creating the requisite number of jobs,
- demonstrating that the investor is actively participating in the business; and, where applicable,
- creating employment within a targeted employment area.
How do I Obtain Status as a Conditional Resident?
Once the Form I-526 is approved, immigrant investors may obtain status as a conditional resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status, if residing within the United States.
How do I Become a Permanent Resident Based on Investment
In order to become a lawful permanent resident, eligible investors must file a Form I-829, Petition by Entrepreneur to Remove Conditions. Form I-829 must be filed within 90 days before the second anniversary of an Alien Investor's admission to the United States as a conditional resident.
For more Eligibility and Requirement information, visit the United States Citizen and Immigration Services at www.USCIS.org