The Employment Based Fifth Preference Immigration Petition (Known as the EB-5 program) has two separate methods of obtaining permanent residence in the United States,
The first method is through “direct investment”.
The direct investor is an entrepreneur in a new business (usually a corporation or Limited Liability Company) created by one or more investors having invested minimally $500,000 in areas designated with high unemployment. He or she enters the U.S. as a conditional lawful permanent resident (LPR). Conditional LPR status expires in two years. A direct investment requires that the LPR entrepreneur have management responsibilities in the actual operations of the business. Within 2 years, the business needs to provide 10 full-time jobs to persons other than family members. The conditional
residence will be changed to permanent residence after 2 years upon demonstrating that the investor’s funds were actually invested in the business and the minimum of 10 direct jobs were created and maintained.
The second method is through a Regional Center
A Regional Center is a U.S. government approved organization, usually a partnership, established to conduct a project. An investor in a Regional Center is primarily a passive investor. A Regional Center is usually a partnership which invests $500,000 in a project that, within 2 years, will provide 10 jobs for each $500,000 invested. The investor is generally the limited partner and the project is managed by the general partner. The limited partner generally participates as a board member but is not expected, otherwise, to work in the business. The limited partner is not subject to loss greater than his or her investment. The limited partner enters the U.S as a conditional lawful permanent resident (LPR) with authorization to work and travel inherent in LPS status. In two years, the Regional Center is responsible for showing that 10 full-time jobs were created by the investment project for each $500,000 invested. To meet the 10 full-time job requirement, the Regional Center is allowed to count, not only, jobs directly created by the project buy may also count jobs indirectly created as a result of the project.