EB-5 Investor Green Card - January 2020 FRM

EB-5 Investor Green Card

Paul Messina, Attorney, Cotney Construction Law, LLP

The fifth preference classification for employ­ment-based immigration, more commonly referred to as the EB-5 green card, is an employment-based green card, whereby the immigrant invests a certain amount of money into a business, creates a certain number of jobs and receives a green card to come to the U.S. to manage the business. The EB-5 Program was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.

The EB-5 Program has two parts: 1) the permanent Direct EB-5 Program, officially known as the Immigrant Investor Program and 2) the temporary Regional Center EB-5 Program, officially known as the Immigrant Investor Pilot Program, which requires reauthorization from Congress every so often. Although initially an unpopular green card option, over the last several years, the popularity of EB-5 program has grown exponen­tially, particularly for investments through the Regional Center EB-5 Program.

The EB-5 green card has four main requirements, whether it is a direct EB-5 or a regional center EB-5, in order to qualify. They are:

• Invest the required minimum amount
• Create a minimum of 10 full-time jobs
• Establish that the investor is or will be engaged in the management of the new commercial enterprise
• Invest in a new commercial enterprise.

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