There are two types of visa categories for immigrants to invest in a business in the U.S. The EB-5 immigrant visa category which requires a minimum investment of $500,000USD and the E-2 Treaty Trader non-immigrant visa category for investors in smaller businesses. Part 1, E-2 nonimmigrant category, was discussed in the previous article.

The EB-5 Immigrant Investor category provides lawful permanent residency (a “green card”), however it requires a much higher investment. There are 10,000 green cards available each year. The requirements are very stringent so that only about 1,000 people of year immigrate in this category. For this reason, there are always green cards available in this category. The US government filing fee recently increased to $1,435 for the petition and $1,010 for the application for the green card..

The EB-5 immigrant investor may bring his or her spouse and children under the age of 21 to the US. The spouse and children of the EB-5 are allowed to work and attend school as a conditional resident. Foreign nationals who are currently in the US under some other legal status may apply to change status to residency status while in the US.

In order to qualify, the applicant must

In order to “engage” in a new commercial enterprise, the investor must be involved either in the day-to-day managerial control or have voting rights on the direction of the business. An investor cannot simply buy an existing business. The business must be a new, original business. At the time of filing the application, the entire amount of funds should already be invested, not just sitting unused. The business must employ the ten (10) full-time employees within two (2) years of filing the application.

In order to qualify to invest the lesser amount of $500,000USD, investors would need to start the new businesses in designated regional centers. There are over 30 such centers which focus on promoting different types of business. In Iowa, the designated regional center promotes dairy farming. For more information see: http://www.extension.iastate.edu/ag/staff/info/PM2019.pdf.