In 1990, Congress created the USCIS Immigrant Investor Visa Program (the EB-5 program), also known as the Employment-Based Fifth Preference Program. The EB-5 program was created under 203(b)(5) of the Immigration and Nationality Act (INA) in 1990, Public Law 101-649, Section 121(a), to stimulate the U.S. economy through job creation and capital investment by foreign investors.

Through the EB-5 program, foreign investors have the opportunity to obtain lawful, permanent residency in the U.S. for themselves, their spouses, and their minor unmarried children by making a certain level of capital investment and associated job creation or preservation.

The EB-5 Program

The EB-5 program requires that the foreign investor make a capital investment of either $500,000 or $1 million, depending on whether or not the investment is in a Targeted Employment Area (TEA).

Requirements

Two distinct EB-5 pathways exist for a foreign investor to gain lawful permanent residency; each pathway differs in job creation requirements.

Using EB-5 Capital

EB-5 Capital has proven to be a low cost alternative to filling out the capital stack. Ultimately, the amount of money a developer can raise for a project is determined by a complex formula involving the number of jobs the project will create.