The EB-5 Immigrant Investors Program provides 10,000 immigrant visas to investors who want to establish a new business and create at least 10 full-time jobs. This program was established under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. $ 1153(b)(5)

"Alien Investors" must:
(1) Demonstrate that a "qualified investment" has been made, and
(2) Show that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise.

1) Permanent resident status is available to investors, either alone or coming with their spouse and unmarried children under 21.
2) 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.

1)  Seek Status as an Immigrant Investor - Investor files a petition (Form I-526) requiring CIS to certify that the applicant and investment are eligible for EB-5 status accompanied by supporting documentation which clearly demonstrates that the individual meets all requirements, such as:

• establishing a new commercial enterprise
• investing the requisite capital amount and documenting the transfer to the enterprise
• proving the investment comes from a lawful source of funds,
• demonstrating that the investor is actively participating in the business,
• creating the requisite number of jobs.

2) Secure Status as a Conditional Resident - Once the Form I-526 is approved, immigrant investors may obtain status as a conditional resident by:

• Filing Form I-485, Application to Register Permanent Residence or Adjust Status (if residing in the U.S.) or
• Applying for an immigrant visa at a U.S. consulate abroad (if residing outside the U.S.)

3) Become a Permanent Resident - To become a permanent resident, eligible investors must file Form I-829, Petition by Entrepreneur to Remove Conditions. This form must be filed within 90 days before the second anniversary of admission to the U.S. as a conditional resident.