In order to qualify as an EB-5 investor under the Immigrant Investor Program administered by USCIS:
1. You must invest in a "new commercial enterprise" which was:
----- Established after November 29, 1990, or
----- Established on or before November 29, 1990, that is:
A. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
B. Expanded through the investment so that a 40% increase in the net worth or number of employees occurs.
2. "Commercial enterprise" means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to, sole proprietorship, partnership (limited or general), holding company, joint venture, corporation, and business trust or other entity which may be publicly or privately owned. It does NOT include non-commercial activity such as owning and operating a personal residence.
3. The commercial enterprise must create or preserve at least 10 full-time jobs (either direct or indirect jobs) for qualifying U.S. workers within 2 years (or under certain circumstances, within a reasonable time after the 2-year period) of your admission into the U.S. as an EB-5 conditional permanent resident.
----- Direct jobs mean actual identifiable jobs for qualified employees located within the commercial enterprise which you have directly invested your capital in.
----- Indirect jobs mean those jobs shown to have been created collaterally or as a result of your investment of capital in a commercial enterprise affiliated with a regional center. Creating or preserving indirect jobs will count only if affiliated with a regional center.
----- Preserving jobs (as opposed to creating jobs) will count only in a troubled business. "Troubled business" is an enterprise that has been in existence for at least 2 years and has incurred a net loss during the 12 or 24-month period prior to the priority date on your Form I-526. The loss for this period must be at least 20% of the net worth of the business prior to the loss.
----- Qualifying U.S. workers mean U.S. citizens, permanent residents, or other immigrants authorized to work in the U.S. But this definition does not include you, your dependents, or any foreign nationals in nonimmigrant status or without employment authorization.
----- Full-time employment means at least 35 working hours per week.
4. Capital Investment Requirements:
Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise which the petition is based on are not used to secure any of the indebtedness. Investment capital cannot be borrowed. Assets must not be acquired, directly or indirectly, by any unlawful means such as criminal activities.
Required minimum amount of investments are:
----- Generally, $1,000,000.
----- In targeted employment areas (high-unemployment or rural areas), $500,000.
A. "Targeted employment area" means an area that, at the time of your investment, is a rural area or an area experiencing unemployment of at least 150% of the national average rate.
B. "Rural area" is an area outside a metropolitan statistical area (as designated by the Office of Management and Budget) or outside the boundary of any city or town having a population of 20,000 or more according to the decennial census.
