This visa category is for Immigrant Investors, foreign individuals who invest at least one million dollars of their own personal capital in a new business enterprise in the U.S. that creates at least 10 permanent, full-time jobs, other than for the investor and members of his or her own family. The minimum investment in threshold is reduced to $500,000 where the new enterprise is located in a designated Regional Center, or Target Employment Area. The definition of a qualifying capital investment has been interpreted narrowly by U.S. Citizenship & Immigration Services.
This category involves a two-step process: the investor must first file a petition documenting the initial investment of personal capital, identifying the legal source of the capital, demonstrating ownership and control of the funds, and establishing the creation of a new active business enterprise in the U.S. Within two years, the investor must then file a second petition to document that the new enterprise is still in business, that the full required amount of capital was in fact invested, and that the requisite number of full-time jobs have been created by that new business enterprise.
Feel free to reach out to Karin Wolman if you feel an EB-5 visa is for you.