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The EB5 visa category is available to foreign nationals who invest $1 million in a new enterprise that employs 10 US workers, not including the immigrant, the immigrant’s spouse, or the immigrant’s children. The amount of the investment only needs to be $500,000 in a targeted employment area. A “targeted employment are” is a rural area or other designated area where the unemployment rate equals 150 percent of the national average.
There is a also an Immigrant Investor Pilot Program. The Pilot Program established the creation of Regional Centers to focus investment in geographic areas. The pilot program was recently extended until September 30, 2012. The minimum investment amount in a Regional Center is $500,000.
To be initially eligible for the alien entrepreneur classification, an alien must met the following:
Establish a new commercial enterprise:
1) In which the alien will engage in a managerial or policy-making capacity; and
2) In which the alien has invested or is actively in the process of investing the amount required for the area in which the enterprise is located, and
3) Which wil benefit the US economy, and
4) Which will create full-time employment in the US for at least 10 US citizens, permanent residents, or other immigrants who are authorized for employment.
A successful EB5 applicant will receive a 2 year conditional green card and then must later apply to remove the conditions.
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