EB-5 Immigrant Investor Program

EB-5 Immigrant Investor Program


This program is designed to promote economic growth by allowing foreign entrepreneur s to invest a minimum capital of $1.8 million or $900,000 in a new commercial enterprise or regional center.  The investment capital cannot be borrowed.

  • The new commercial enterprise must have been established after November 29, 1990; however, preexisting businesses that are restructured or reorganized, resulting in a new enterprise; or is expanded by 40 percent in net worth or employees—satisfies the new enterprise requirement. The commercial enterprise must be a for-profit business created to conduct lawful activities. Owning and operating a personal residence does not satisfy this definition.
  • Your investment must create or preserve 10 full-time jobs for U.S. workers within two years. These jobs are direct or indirect. Direct jobs are those where the employees work in the new enterprise and indirect jobs are those created collaterally through the regional center by virtue of the investors’ capital. Investors are only credited for preserving jobs in troubled businesses.
  • Investors will receive conditional residency for two years, after which they must apply to remove the condition in order to obtain permanent residence for themselves, their spouses and children.

Whittingham Law can Help. If you are seeking an EB-5 Immigrant Investor Program–Let Us Help.