Page 21 - CTT-CA Real Estate Foreign Buyer & Seller Guide_English

The EB-5 Visa for Immigrant Investors is a United States visa created by the Im- migration Act of 1990. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the visa, indi- viduals must invest $1,000,000 (or at least $500,000 in a “Targeted Employment Area” - high unemployment or rural area), creating or preserving at least 10 jobs for U.S. workers excluding the investor and their immediate family.
Initially, under the first EB-5 Visa program, the foreign investor was required to create an entirely new commercial enterprise; however, under the Pilot Program investments can be made directly in a job-generating commercial enterprise (new, or existing - “Troubled Business”), or into a “Regional Center” - a 3rd party-man- aged investment vehicle (private or public), which assumes the responsibility of creating the requisite jobs. Regional Centers may charge an administration fee for managing the investor’s investment.
If the foreign national investor’s petition is approved, the investor and their depen- dents will be granted conditional permanent residence valid for two years. Within the 90 day period before the conditional permanent residence expires, the inves- tor must submit evidence documenting that the full required investment has been made and that 10 jobs have been maintained, or 10 jobs have been created or will be created within a reasonable time period.
In 1992, Congress created a temporary pilot program designed to stimulate eco- nomic activity and job growth, while allowing eligible aliens the opportunity to become lawful permanent residents. Under this pilot program, foreign nationals may invest in a pre-approved regional center, or “economic unit, public or private, which is involved with the promotion of economic growth, including increased export sales, improved regional productivity, job creation, or increased domestic capital investment”. Investments within a regional center provide foreign nationals the added benefit of allowing them to count jobs created both directly and indirect- ly for purposes of meeting 10 job creation requirement.
For more information on the process and status of the EB-5 Visa please contact the U.S Department of Commerce or the U.S Citizenship and Immigration Services De- partment.
Escrow
EB-5 Visa