Strak Immigration Law

Investor: Green Card

Green Card EB 5 Investor Program

In the United States, 10,000 immigrants per year may enter as qualified investors on the basis of engaging in a new commercial enterprise. In general, the investor must have invested or be actively in process of investing the required amount of capital into a new commercial enterprise that he or she has established. Investors must demonstrate that this investment will benefit the United States economy and create the required number of full-time jobs for qualified people within the United States.

I. The investor may establish a new commercial enterprise by creating an original business; purchasing an existing business and re3structuring or reorganizing the business such that a new commercial enterprise results; or expanding an existing business by 140 percent of the pre-investment number of jobs or net worth or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months.

2. The investor must have invested or actively be in the process of investing in the new commercial enterprise at least 1,000,000 or at least 500,000 where the investment is being made in a "targeted employment area" which is an area that has experienced unemployment of at least 150 percent of the national average rate or a rural area as designated by OMB.

3. The engagement in the new commercial enterprise must benefit the United States economy and create full time employment for not fewer than 10 qualified individuals or maintain the number of existing employees at no less than the pre -investment level for a period of at least two years where the capital investment is being made in a "troubled business", which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

3000 of the EB-5 visas available annually are reserved for investors investing in a "regional center" designated by USCIS. These centers are entities that focus on a specific geographic through increased export sales, regional productivity, creation of new jobs and increased domestic capital investment. The 10 jobs may be created either directly or indirectly by the new commercial enterprise.

In all cases, investors must prove the investment comes from a lawful source.