EB-5 Investors

The legal professionals of the highly regarded Miller Mayer EB-5 Practice Group regularly represent individual EB-5 investors, established regional centers, and entities seeking regional center designation. The EB-5 Practice Group is headed by Steve Yale-Loehr, widely recognized as one of the world's foremost authorities on EB-5 law. Often invited to participate as panelists, speakers, and authors on EB-5 related developments and trends, Miller Mayer's immigration attorneys have the legal expertise to successfully guide you through the complex and ever-shifting USCIS EB-5 regulations and adjudicatory standards.

The EB-5 immigrant investor category allows a person and his or her family members to get a green card (i.e. live permanently in the US) by investing a certain amount of money in the U.S. and creating or saving 10 U.S. jobs. The minimum amount of money to invest is $500,000 if you invest in a rural or high unemployment area. Otherwise you must invest at least $1,000,000.

Regional Centers

To encourage immigration through the EB-5 category, Congress created a separate EB-5 program in 1993. The program sets aside 3,000 green cards each year for foreign investors who invest in “designated regional centers.” Click here to see a list of Regional Centers.

The EB-5 regional center program does not require the company in which the investor put his or her money to itself employ 10 US workers. Instead, it is enough if 10 or more jobs will be created directly or indirectly as a result of the investment.

This program also differs from the regular EB-5 provisions in that it permits private and governmental agencies to be certified as regional centers if they meet certain criteria. Because of the indirect job creation element, many foreign investors prefer investing in a regional center rather than creating their own company.

General EB-5 requirements

1. The New Commercial Enterprise: To qualify for EB-5 classification an investor must show that an investment has been made in a qualified commercial enterprise.

2. Capitalization: To show that the petitioner has invested (or is actively in the process of investing) the required amount of money, the petition must be accompanied by evidence that the petitioner has placed the required amount of capital “at risk.”

3. Legal Acquisition of Capital: The petitioner must have legally acquired the funds invested, including being in legal immigration status if funds are earned or acquired in the US.

4. Creating Employment: The investor must show that his or her investment will create at least 10 full-time jobs.

5. Managerial Capacity of the Investor: An EB-5 immigrant must be involved in the management of the new commercial enterprise. The petitioner can either be involved in the day-to-day managerial control of the enterprise or be a limited partner.