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Are you a foreign investor looking to create or preserve jobs for United States workers so you can obtain a green card? Created in 1990, the EB-5 visa is designed for immigrant investors looking to receive a green card via investing money in a United States company. To be qualified for the visa, foreign individuals must invest a specific amount of money to create or preserve at least 10 jobs for United States workers—excluding the investor and their immediate family.

When the program first launched, a foreign investor needed to establish a completely new commercial enterprise. However, under the Pilot Program, foreign investments can be made directly to an existing commercial enterprise or a “Regional Center”—which is a third party-managed investment method used to create vital jobs. If you would like assistance obtaining an EB-5 immigrant investor visa or have questions relating to this program, please do not hesitate to contact The Federal Practice Group.


Those who wish to invest in a new commercial enterprise must confirm that the enterprise was established after November 29, 1990, or was established on or before November 29, 1990 and meets specific requirements. An enterprise established on or before the above date must meet one of the following requirements:

  • The enterprise was purchased and the existing business was restructured or reorganized to produce new commercial enterprise results
  • The commercial enterprise was expanded via the investment to produce a 40% increase in the net worth or number of employees

A commercial enterprise is any type of for-profit activity that conducts lawful business and can include any of the following:

  • Corporation
  • Joint Venture
  • Holding Company
  • Partnership
  • Business Trust
  • Sole Proprietorship

When you invest, as an immigrant investor, in an American domestic company, your actions must create or save at least 10 full-time jobs for qualifying United States workers within a two year period unless special circumstances apply. Said jobs can either be direct or indirect jobs; direct jobs are identifiable jobs for qualified employees in the commercial enterprise you invested money in, while indirect jobs are jobs created as a result of your investment.


When you invest in a United States commercial enterprise, you must meet mandatory minimum investments. For most commercial enterprises, you must invest at least $1 million (US). For targeted employment areas which include areas of high unemployment rates or rural areas, the minimum investment must be at least $500,000. A targeted employment area is an area that is rural or an area that is experiencing unemployment of at least 150% of the nation’s average unemployment rate. A rural area is considered any area outside a metropolitan statistical area or any area outside the boundary of a city or town that has a population of 20,000 people or more via the decennial census.


If you are considering obtaining an EB-5 visa, it is vital you obtain experienced legal assistance to ensure you meet the mandatory requirements. The Federal Practice Group is dedicated to providing effective legal assistance throughout the world regarding immigration and naturalization and our attorneys have more than 100 years of combined experience. Do not hesitate to contact our firm today for the legal assistance you deserve.