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Foreign National Entrepreneur (EB-5)

Foreign nationals who invest or be in the process of investing capital of at least $ 1 million or $ 500,000 in a U.S. enterprise that will create at least 10 jobs can seek this immigration classification. The investment may be as little as $ 500,000 only if the enterprise is located in a targeted employment area, that is, a rural or high-unemployment area. Without the need to directly create 10 full-time job, the investment can be made within an approved regional center (pilot program). The foreign nationals (petitoners) do not need to be physically in the United States.


Documents and evidence for EB-5 petition include: articles of incorporation or partnership agreement, stock purchase agreements, investment agreements, financial and payroll records, bank statements, evidence of goods transferred and/or purchased, proof of loans made, and the amounts and means of security, evidence that the enterprise will be doing business mainly in a targeted area, a detailed and comprehensive business plan that shows convincingly and realistically how the business will succeed and how the investment will create the jobs, and evidence that that jobs have been created (payroll and I-9 records).


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