EB-5 Programa de Inversionista Inmigrante, Residencia No Permanente

The fifth preference employment-based immigration category (EB-5) was created in 1990 as an incentive for foreign nationals to invest in businesses in the United States in exchange for permanent resident status. Since its implementation, the program has grown in popularity, especially with the formation of EB-5 “regional centers” across the United States to help investors find qualifying commercial enterprises.

The general requirements for EB-5 status are an investment of $1,000,000 (or $500,000 if the investment is made in certain “targeted employment areas” (TEAs)), and the creation of ten full time jobs for qualifying workers. The investor must be actively involved in the management of the commercial enterprise through either day-to-day management or policy formation.

After making an investment, the investor is granted conditional permanent resident status for a period of two years, at the end of which the investor must apply for the removal of conditions.