Section 203(b)(5) of the Immigration and Nationality Act (INA), allocates 10,000 “EB-5” immigrant visas per year to qualified individuals seeking Lawful Permanent Resident status on the basis of their capital investment in a commercial enterprise to stimulate the growth of U.S. economy.
To qualify, the investor make an investment of either US$800,000 or US$1,050,000 into a new business that creates 10 full-time jobs for qualifying U.S. workers and the investor must be involve in the management of the business. For the management condition, being a limited partner in a partnership or a member of a limited liability company will usually qualify the investor as being involved in the management.
The most important factor in qualifying for the EB-5 visa is that the investor must be able to demonstrate that the capital he or she uses for the investment was obtained lawfully. Proving the “source of funds” (SOF) is the most challenging aspect of the EB-5 visa.