Congress created the fifth employment-based preference (EB-5) immigrant visa category in 1990 for qualified foreigners seeking to invest in a business that will benefit the U.S. economy and create or save at least 10 full-time jobs.
The basic amount required to invest is $1 million, although that amount is reduced to $500,000 if the investment is made in a rural or high unemployment area. Of the approximately 10,000 EB-5 green cards available each year, 3,000 are reserved for foreign nationals who invest.
To encourage immigration through the EB-5 program, Congress created a pilot program in 1993. The program specifically sets aside 3,000 visas annually for foreign investors who apply through a United States Citizen and Immigration Services (USCIS) designated Investment Program.
We are a private enterprise or corporation with a targeted investment program within a defined geographic region. Our program in many ways mirrors long active and successful investment-employment based programs in the United Kingdom, Canada, Australia, and other foreign nations.
An investor seeking an EB-5 immigrant visa through us must generally make a qualifying investment of $1 million and demonstrate that at least 10 jobs were directly or indirectly created through the investment. Certain rural, high unemployment or Targeted Employment Areas (TEA) qualify for a lesser capital investment of $500,000. The Yareton Investment Fund LLC is a designated investment that focuses solely on qualifying projects within targeted employment areas.
An investor seeking an EB-5 immigrant visa through us must also demonstrate that at least 10 jobs were directly or indirectly created through the investment. The Yareton Investment Fund LLC utilizes a USCIS approved job methodology to measure and verify a qualifying project’s required job creation.
Before participating in an EB-5 investment program, each investor independently petitions USCIS for an EB-5 visa. Qualified investors investing receive a conditional green card valid for two years. The investor, spouse and unmarried children (under age 21 at the time of petition) can then apply for permanent residency based on investment. If approved, the investor and his immediate family become permanent green card holders and can later apply to become U.S. citizens. Upon receipt of conditional permanent resident status, the investor and immediate family are entitled to the same benefits as other lawful permanent residents.
The EB-5 investor (and his or her derivative family members) is granted conditional permanent residence for a two-year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa.
Forms are available in the Forms section of the USCIS website, by calling 1-800-870-3676, or by submitting a request through our Forms by Mail system. Please see the About Us section for more information on USCIS offices.
Form I-526 Petition for an Alien Entrepreneur
Supporting Documents (Evidence)*
New Commercial Enterprise
Evidence that you have invested in a “for profit” new commercial enterprise, which is a commercial enterprise:
Evidence, if applicable, that your new commercial enterprise has been established and is principally doing business in a targeted employment area (TEA).
Managing the New Commercial Enterprise
Evidence that you will be actively involved in the management of the new commercial enterprise (day-to-day or through policy).
Evidence that you have invested or are in the process of investing the amount required ($1 million or $500,000).
Evidence that the investment funds were obtained through lawful means. Evidence that the capital used was legally acquired may be demonstrated by the following:
Evidence that the new commercial enterprise will create at least 10 full-time positions—not including yourself, your spouse, sons or daughters, or any temporary or nonimmigrant workers, or individuals who are not authorized to work in the United States. You will need to submit a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than 10 employees will result. Include approximate dates, within the next two years, and when each employee will be hired.
* Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the creation of indirect jobs.
Job Preservation—Troubled Business
The same evidence which is mentioned above for job creation except instead of the evidence that the business will create at least 10 new jobs, you must submit evidence that:
The number of existing jobs is being or will be maintained at no less than the pre-investment level for a period of at least two years. Photocopies of tax records, Forms I-9 (Employment Eligibility Verification), or other relevant documents for the qualifying employees and a comprehensive business plan shall be submitted in support of the petition.
* Note: To be approvable, at least 10 jobs must be maintained.
* Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the preservation of indirect jobs.
Form I-829 Petition by Entrepreneur to Remove Conditions
You must submit Form I-829 within the 90-day period immediately before the second year anniversary of your admission to the U.S. as a conditional permanent resident.
Supporting Documents (Evidence)*
Evidence that you in fact invested in a new commercial enterprise. This evidence may include, but is not limited to, copies of the business’ organizational documents and federal tax returns.
Evidence that you have invested or are actively in the process of investing the total amount of required funds.
Evidence that you have sustained your investment in the new commercial enterprise throughout your two-year period of conditional permanent residence. This evidence may include, but is not limited to, the following:
Evidence that you created or will create within a reasonable time 10 full-time jobs for qualifying employees. Such evidence may include, but is not limited to:
Job Preservation—Troubled Business
The same documentary requirements for job creation mentioned above, except that the investor must show that he or she has maintained (not created) the number of existing employees at no less than the pre-investment level for the period following his or her admission as a conditional permanent resident.
*Note: To be approvable, at least 10 jobs must be maintained.
*Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the preservation of indirect jobs.
Your spouse and unmarried children under the age of 21 may be admitted to the U.S. with you on a two-year conditional period. If your I-829 petition to remove conditions is approved, the conditions will be removed from your spouse and children’s Green Card status. As a lawful permanent residents (Green Card holders) your spouse and children will be authorized to work or attend school in the U.S.
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