EB-5 Investors

The fifth preference category of employment-based immigration is for immigrants seeking to invest substantial sums in a new business in the U.S. that will create full time employment for at least ten qualifying U.S. citizen or immigrant workers. The minimum investment is $1 million of capital, which may be reduced to $500,000 if the investment is made in a "targeted employment area".

There are three basic requirements as follows:

• First, the individual must establish a new commercial enterprise or invest in an existing business that was created or restructured after November 19,1990;
• Second, the alien must have invested $1 million ($500,000 in some cases) in the business; and
• Third, the business must create full-time employment for at least 10 US workers

Once an investor's application in this category is approved, the investor becomes a conditional permanent resident of the United States for two years. Within the 90-day period prior to the expiration of the investor's conditional permanent residence, the investor must file a petition to remove the conditions on his residence. Once the conditions are removed, a ten-year renewable permanent residence card is issued to the investor.

1. As applicable, articles of incorporation, certificate of merger or consolidation, partnership agreement, certificate of limited partnership, joint venture agreement, business trust agreement, or other similar organizational document for the new commercial enterprise;
2. Stock purchase agreements, investment agreements, certified financial reports, payroll records, or any similar instruments, agreements, or documents evidencing the investment in the commercial enterprise and the resulting substantial change in the net worth, number of employees.
3. Bank statement(s) showing amount(s) deposited in United States business account(s) for the enterprise;
4. Evidence of assets which have been purchased for use in the United States enterprise, including invoices, sale receipts, and purchase contracts containing sufficient information to identify such assets, their purchase costs, date of purchase, and purchasing entity;
5. Evidence of property transferred from abroad for use in the United States enterprise, including United States Customs Service commercial entry documents, bills of lading, and transit insurance policies containing ownership information and sufficient information to identify the property and to indicate the fair market value of such property;
6. Evidence of monies transferred or committed to be transferred to the new commercial enterprise in exchange for shares of stock (voting or nonvoting, common or preferred). Such stock may not include terms requiring the new commercial enterprise to redeem it at the holder's request; or
7. Evidence of any loan or mortgage agreement, promissory note, security agreement, or other evidence of borrowing which is secured by assets of the petitioner, other than those of the new commercial enterprise, and for which the petitioner is personally and primarily liable.
8. Foreign business registration records;
9. Corporate, partnership (or any other entity in any form which has filed in any country or subdivision thereof any return described in this subpart), and personal tax returns including income, franchise, property (whether real, personal, or intangible), or any other tax returns of any kind filed within five years, with any taxing jurisdiction in or outside the United States by or on behalf of the petitioner;
10. Evidence identifying any other source(s) of capital; or
11. Certified copies of any judgments or evidence of all pending governmental civil or criminal actions, governmental administrative proceedings, and any private civil actions (pending or otherwise) involving monetary judgments against the petitioner from any court in or outside the United States within the past fifteen years.
12. Documentation consisting of photocopies of relevant tax records, Form 1-9, or other similar documents for ten (10) qualifying employees, if such employees have already been hired following the establishment of the new commercial enterprise; or
13. A copy of a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than 10 qualifying employees will result, including approximate dates, within the next two years, and when such employees will be hired.
14. A statement of the position title that the petitioner has or will have in the new enterprise and a complete description of the position's duties;
15. Evidence that the petitioner is a corporate officer or a member of the corporate board of directors; or
16. If the new enterprise is a partnership, either limited or general, evidence that the petitioner is engaged in either direct management or policy making activities

1. Gather Documents;
2. Attorney evaluation;
3. Sign representative Agreement;
4. Attorney help design Business Plan
5. Attorney prepare and Submit I-526;
6. Adjustment of status or Consulate visa interview;
7. Remove of two year condition.