Jethmalani & Nallaseth PLLC

EB-5: Employment Creation

Fifth Preference

This category is for alien investors in new commercial enterprises, and qualification is based on the amount of investment and not on a job offer. However, the alien must play an active role in the investment (unless investing through a Regional Center). No leftover visas are passed down from the higher employment based preferences to the investment category. There two types of investors – those who invest $500,000 in economically depressed areas (known as ‘targeted employment areas’ and those who invest $1 million anywhere else. The enterprise must benefit the U.S. economy and must create employment for at least ten U.S. workers (not including the immediate family of the alien investor). Under the new Regional Center rules, employment creation can be direct or indirect making this route more attractive to potential investors. A labor certification is not required for this preference group.