Fifth Category - INVESTORS (EB-5)

The fifth level of priority, EB-5, is reserved for investors who are engaged in new commercial enterprises.  Each year, approximately 10,000 visas are allocated to this category (3,000 of these are set aside for targeted employment areas).

To qualify, the foreign national must:

• Invest funds in a new business or in a troubled business.  For this purpose, a "new business" may include a pre-existing business that will be purchased by the investor and reorganized to expand by at least 140%.  A "troubled business" is one in which the net worth has decreased by 20% in the last year or in the last two years.  
• The investment must be at least $1,000,000, unless the business is located in a "targeted employment area (TEA)," one in which the unemployment rate is at least 150% of the national average.  In that case, the investment threshold is only $500,000.  In areas where unemployment rates are exceptionally low, the DHS may require an investment of up to $3,000,000.  The investment may consist of cash, equipment, inventory, other tangible property, cash equivalents and secured loans (provided the investor is personally liable).  
• Create at least 10 full-time jobs.  In the case of a troubled business, the business must continue to employ at least the same number of employees for the next two years.  
• Investment must benefit the U.S. economy.

In 1992, Congress created an EB-5 Regional Center Pilot Program ("the Program") to encourage foreign investment in the U.S. economy through the EB-5 category.  The program allows the USCIS to designate qualified applicants as "Regional Centers," which are private enterprises or corporations or regional governmental agencies with a targeted investment program within a defined geographic region.

The Regional Center Investment Program reserves 3,000 green cards each year for people who invest in designated Regional Centers.  However, this is simply a set-aside, not a ceiling, on the number of green cards that can be issued through the Program.  The Program has been renewed several times, and is currently due to expire September 30, 2012 but is likely to be renewed as 90-95% of EB-5 visas that have been approved through investment in regional centers. 

Because investment through this program is passive, the EB-5 Regional Center Program does not require that the foreign investor manage the enterprise nor does it require the foreign investor's business directly employ 10 U.S. workers.  Instead, it is sufficient if 10 or more jobs will be created directly or indirectly as a result of the investment. Instead, the Regional Center will direct and professionally managing the investor's investment in the designated business and geographic focus of their Regional Center.

Once USCIS has approved a Regional Center application, an investor seeking an EB-5 green card through the Program must make the qualifying investment (i.e., $1 million or $500,000) within an approved Regional Center.  However, the requirement of creating at least 10 new jobs is met by a showing that as a result of the new enterprise, such jobs will be created directly or indirectly.

For obvious reasons, most foreign born physicians are unable to qualify for green cards as an investor.  However, to the extent a foreign born physician can invest at least $500,000; this may be a viable option.

Your particular situation may differ depending on your specific facts and circumstances.  Please consult with an experienced immigration attorney for more information.  

The benefits of permanent residence are tremendous so why wait?  You are invited to contact Badmus Law Firm to evaluate the best and fastest way you can become a permanent resident.  Call or email 469-916-7900 or immigration@badmuslaw.com.