EB-5 Investors

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Petition/Application Process

  1. File Form I-526, Immigrant Petition by Alien Investor
  2. After we approve your Form I-526 petition, either:

Removing Conditions

File Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day period immediately before the second anniversary of the EB-5 investor’s admission to the United States as a conditional permanent resident.

If USCIS approves this petition, the conditions will be removed from the lawful permanent resident status of the EB-5 investor and any included dependents.

Form I-526 Petition for an Alien Entrepreneur

Requirements

Supporting Documents (Evidence)*

New Commercial Enterprise

You must submit evidence that you have invested in, or are actively in the process of investing in, a “for profit” new commercial enterprise that was established:

  • After Nov. 29, 1990, or
  • On or before Nov. 29, 1990, that was:
    1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
    2. Expanded through the investment, resulting in at least a 40% increase in the net worth or number of employees.

If applicable, you must submit evidence that an individual or entity established the new commercial enterprise and, if you seek eligibility under the reduced investment amount, you must also submit evidence regarding the targeted employment area (TEA). For the definition of a TEA and information about investment amounts, see About the EB-5 Visa Classification. For information about how to demonstrate that the investment is within a TEA, see Volume 6, Part G of the USCIS Policy Manual.

Managing the New Commercial Enterprise

You must submit evidence that you are or will be engaged in the management of the new commercial enterprise (either through day-to-day managerial control or through policy formulation).
Investment

You must submit evidence that you have invested or are actively in the process of investing the required amount of capital. (For the minimum investment amounts, see About the EB-5 Visa Classification.)

You must submit evidence that the investment capital was obtained through lawful means. The petition must be accompanied, as applicable, by:

  • Foreign business registration records;
  • Corporate, partnership (or other entity), and personal tax returns, or other tax returns of any kind you or someone on your behalf filed within the last five years, including any taxing jurisdiction in or outside the United States;
  • Evidence identifying any other source of capital; or
  • Certified copies of any judgments or evidence of all pending civil or criminal actions, governmental administrative proceedings, and any private civil actions (pending or otherwise) involving money judgments against you from any court in or outside the United States within the past 15 years.
 Job Creation You must submit evidence that the new commercial enterprise will create at least 10 full-time positions for qualifying employees. If the entity responsible for job creation has not documented the requisite employees, you must submit a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for at least 10 qualifying employees will result.
Job Preservation--Troubled Business You must submit evidence that the number of existing employees is being or will be maintained at no less than the pre-investment level for a period of at least two years. Submit photocopies of tax records; Form I-9, Employment Eligibility Verification; or other relevant documents for the qualifying employees and a comprehensive business plan in support of the petition.

*For more information, see 8 CFR 204.6, the Form I-526 Instructions (PDF), and Volume 6, Part G of the USCIS Policy Manual.

Form I-829 Petition by Entrepreneur to Remove Conditions

You must submit Form I-829 within the 90-day period immediately before the second anniversary of your admission to the U.S. as a conditional permanent resident.

Requirements

 Supporting Documents (Evidence)*

Investment

You must submit evidence that you invested in, or are actively in the process of investing in, a new commercial enterprise. This evidence may include, but is not limited to, copies of the business’ organizational documents and federal tax returns.

You must submit evidence that you have invested or are actively in the process of investing the required amount of capital. Such evidence may include, but is not limited to, an audited financial statement or other probative evidence.

You must submit evidence that you have sustained your investment in the new commercial enterprise throughout your 2-year period of conditional permanent residence. This evidence may include, but is not limited to:

  • Invoices and receipts;
  • Bank statements;
  • Contracts;
  • Business licenses;
  • Federal or state income tax returns; and
  • Federal or state income quarterly tax statements.

 Job Creation

You must submit evidence that you created or will create within a reasonable time 10 full-time jobs for qualifying employees. Such evidence may include, but is not limited to:

  • Payroll records;
  • Relevant tax documents; and
  • Forms I-9 for employees.
Job Preservation--Troubled Business You must submit the same documentation for job creation listed above, except the evidence must show that the commercial enterprise maintained the number of existing employees at no less than the pre-investment level for the period following the investor’s admission as a conditional permanent resident.

* For more information, see 8 CFR 216.6, the Form I-829 Instructions (PDF), and Volume 6, Part G of the USCIS Policy Manual.

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