General Investor Eligibility
Permanent US resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children under the age of 21. Eligible aliens are those who have invested—or are actively in the process of investing—the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.
In the case of ARCFI, “eligible individuals” include those who have invested—or who are actively in the process of investing—in a 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 per cent of the national average rate or a rural area as defined by the United States Office of Management and Budget; and
- whose engagement in a new commercial enterprise will 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.
In order to seek status as an immigrant investor, applicants must file USCIS Form I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation which clearly demonstrates that the individual’s investment meets all requirements, such as:
- establishing a new commercial enterprise,
- investing the requisite capital amount,
- proving the investment comes from a lawful source of funds,
- creating the requisite number of jobs,
- demonstrating that the investor is actively participating in the business; and, where applicable,
- creating employment within a targeted employment area.
Once the Form I-526 is approved, immigrant investors already resident in the U.S. may obtain status as a conditional resident by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). Non-resident immigrant investors are required to schedule a personal interview at a Consular Office of the U.S. Department of State to obtain their conditional residency status.
In order to become a lawful permanent resident, eligible investors must file a Form I-829 (Petition by Entrepreneur to Remove Conditions). Form I-829 must be filed within the 90 days preceding the second anniversary of an alien investor’s admission to the United States as a conditional resident.