Investors

Yes, if certain criteria are met.  An individual may qualify as an immigrant investor if the individual invests at least $1 million in a new commercial enterprise which employs at least ten US workers, other than the investor and his or her spouse and children, on a full-time basis.  If the investment is made in a rural area or an area experiencing high unemployment, the investor may qualify by investing at least $500,000.  If an investor qualifies for EB-5 Investor classification, a two-year Conditional Permanent Resident status is accorded to such investors.  The investor may apply to remove the conditions to obtain Lawful Permanent Resident status at the end of the two years.

• The individual must invest in a new commercial enterprise
• The investor must have invested – or be actively in the process of investing – at least $1 million or at least $500,000 in a targeted employment area
• The investor must be entering the US to be involved in the management of the new commercial enterprise
• The investment must be placed at risk of loss
• The investor must demonstrate that the capital being invested has been obtained through lawful means
• The investment must create full-time employment for at least ten US workers (US Citizens and qualified immigrant workers) within two years

A new commercial enterprise may be established in one of three ways:

• Creating an original business;
• Buying an existing business and reorganizing or restructuring the business to create a new commercial enterprise; or
• Expanding an existing business, resulting in an increase of at least 40% in the net worth of the business or in the number of employees of the business

A Regional Center is an entity, organization, or agency that has been approved as such by the USCIS.  It must focus on a specific geographic area and seek to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment. 5,000 of the 10,000 EB-5 investor visas available annually are set aside for investors who invest in a USCIS-designated Regional Center.  Investors in a Regional Center must demonstrate that a qualified investment is being made in a nten 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the Regional Center program.

The following is a list of active EB-5 Regional Centers as of October 2007:

• California Consortium for Agricultural Export
• Philadelphia Industrial Development Corporation
• South Dakota International Business Institute
• The Gateway Freedom Fund (AKA: Golden Rainbow Freedom Fund/American Life)
• Iowa Department of Economic Development (IDED)
• Capital Area Regional Center
• The Redevelopment Agency of the City of Vernon Regional Center
• Mayor's Office of Economic Development (New Orleans)   
• Whatcom Opportunities Regional Center (WORC, Inc.)
• Vermont Agency of Commerce and Community Development
• Pennsylvania Department of Community & Economic Development Regional Center
• CMB Export                                                       
• Global Century Development Group I (Global Century)
• Metropolitan Milwaukee Association of Commerce (MMAC)
• Alabama Center for Foreign Investment (ACFI)
• Kansas Biofuel Regional Center
• Southwest Biofuels Regional Center (SWBRC)