Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested – or are actively in the process of investing – the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

In general, “eligible individuals” include those:

Who establish a new commercial enterprise by:

  • creating an original business;
  • purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
  • expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a trouble business that has lost 20 percent of its net worth over the past 12 to 24 months; and

Who have invested – or who are actively in the process of investing – in a new commercial enterprise:

  • at least $1,000,000, or
  • at least $500,000 where the investment is being made in a “targeted employment area,” which is an area that has experience unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB.