The EB-5 Visa program for foreign investors was created by the Immigration act of 1990. The "Pilot" Program was created in 1993 to increase the demand of the EB-5 visa program. This made it possible for foreign investors to invest $500,000 into a designated regional center or TEA (targeted employment area) and create 10 jobs. Regional center program Investors do not need to be involved in day-to-day management of their business; this provision permits the investor and his/her family to live anywhere in the U.S. When the EB-5 requirements are met, then the investor and his/her family are entitled to U.S. "Green Cards" or lawful permanent residence. The EB-5 program was enacted to stimulate the U.S. economy through job creation and capital investment and has been an extremely successful program enjoying wide-ranging bipartisan support from the U.S. Government.
GROUNDS FOR DENIAL
All EB-5 visa applicants are subject to these regulations. If they are not met there may be grounds for denial.
Overstay of prior U.S. visa of more than six months
Prior criminal conviction, communicable disease (AIDS, infectious tuberculosis, syphilis, etc.)
Membership in a Communist or any totalitarian party
Illegal export of sensitive U.S. technology, goods, or information
Sexual Abuse of Minors
Waivers are available for most of these bars, although difficult to obtain.
This page is solely meant to be informative. The information provided should not be the sole source of information used to make an EB-5 investment decision. This is in no way intended to be used as tax or legal advice regarding the EB-5 program or any other investment program. Please meet with your tax adviser and attorney regarding this matter.