In the Immigration Act of 1990, Congress created the EB-5 immigrant investor visa category, which was aimed at attracting foreign capital to the United States and to create jobs for American workers. The investor visa has the advantage of allowing the beneficiary to start or participate in a commercial enterprise anything in the United States while only being subjected to some restrictions within the pilot program targeting certain areas. Each year there are 10,000 investor visas available. One half of these visas are reserved for individuals who participate in a Pilot Program option, which is designed for specific targeted investments within an approved regional area. Anyone applying for an investor visa needs to file an I-526, Immigrant Petition by Alien Entrepreneur with their appropriate regional USCIS Service Center and provide the necessary fees and supporting evidence that is described below.

In order to qualify for an investor visa, the new enterprise must meet three requirements. First the individual either should have invested or be in the process of investing at least US$1,000,000 in the business, or $500,000 in designated high unemployment areas. Second, the business should benefit the U.S. economy in some way. Third the business should have created full-time employment for a minimum of ten American workers while the investor takes a policy-making role in the enterprise.

An individual can qualify for an investor visa by creating an original business; purchase an existing business with restructuring or reorganization or to expand an existing business using the required investment and the creation of ten new jobs. This can include sole proprietorships, partnerships, holding companies, joint ventures, corporations, and business trusts. A holding company with subsidiaries qualifies if each of the subsidiaries is actively engaged in the conduct of the business. However, any noncommercial activities like home ownership do not allow an individual to qualify for an investor visa. It must also be proved that the individual is actively involved in the business and not just a passive investor.

When applying for an investor visa, you need to show proof of your investment. Your investment can be in the form of cash, equipment, inventory, tangible property, cash equivalents, and indebtedness secured by assets, which you own or are personally and primarily liable for. The definition for investment specifically leaves out any capital that has been gained by unlawful means.

When applying for an investor visa, you need to provide evidence that you have either created a new enterprise or in the process of investing in an existing enterprise. You will need to show articles of incorporation, partnership agreements, or organizational documents. You may need to provide evidence of lease agreements depending on the qualifying enterprise. You will need to provide your state business license. Proof that the required amount of capital has been transferred is required. Evidence that your investment has increased the net worth is necessary. You will need to document your sources of capital; your intent to invest or actual capital commitment and your purchased or transferred assets from abroad for the qualifying enterprise.

When it comes to immigration law, the most complicated category is the investor visa. Depending on your investment, it may be easier for some to come to the United States through other visa categories like an E-2 investor, L-1 intra company transferee, or the EB-1.3 multinational executive or manager routes. However, for those that choose this route they can be successful despite the complexities of the investor visa. The investor visa can be an excellent source of obtaining a green card for many immigrants who enjoy the business route or have a unique enterprise in mind that will meet the requirements for the investor visa.

The pilot program allows for employment to be showed indirectly by an approved business plan. There are several companies that offer investments where the investor need not actively manage the business.

The EB-5 Regional Center category is intended for those candidates who prefer a passive investment.L1, Eb3, categories etc, are intended for those who wish to actively manage their business investment.

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