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FIFTH PREFERENCE CATEGORY (EB-5):
THE IMMIGRANT INVESTOR

The EB-5 category was created to stimulate the U.S. economy through investment and job creation. An EB-5 applicant must make a substantial investment in a new commercial venture. At a minimum, the applicant is required to invest $1,000,000, or an applicant may invest $500,000 in a rural area or an area of high unemployment. The investment must create at least ten new full-time jobs within two years.

An EB-5 investor (and derivative family members) is initially granted conditional permanent residency for a two-year period. After the two-year period, the conditions may be removed upon a showing that the enterprise and investment was sustained and that ten jobs were created, amongst other requirements. Once removed, the EB-5 investor and derivative family members will receive permanent resident status.

The applicant must file his or her own petition. Once approved, the applicant may file an application to adjust status or an application for an immigrant visa depending on whether the applicant is in the United States or abroad. As previously noted, upon reaching two years, the applicant must file a petition to remove conditions. If approved, the conditions are removed and the EB-5 investor will be allowed to permanently work and live in the United States.