USCIS EB-5 (Immigrant Investor) Stakeholder Meeting

Executive Summary

USCIS EB-5 (Immigrant Investor) Stakeholder Meeting

Background

On June 16, 2010, U.S. Citizenship and Immigration Services (USCIS) Service Center Operations

(SCOPS) Directorate and the Office of Public Engagement (OPE) hosted a quarterly EB-5

Stakeholder Meeting. They were joined by a USCIS Economist, staff members from the Office of

Policy & Strategy, and the Office of Chief Counsel, in addressing stakeholders’ questions and

topics of interest.

The EB-5 visa program permits aliens who make certain qualifying investments in the United

States to obtain an immigrant visa. Aliens seeking an EB-5 visa must generally invest $1 million

($500,000 if the investment is made in a Targeted Employment Area (TEA)) into a new

commercial enterprise that will directly create at least ten full time jobs.

In 1992, Congress expanded the EB-5 program by enacting the Immigrant Investor Pilot Program,

now known as the Regional Center Pilot Program. Aliens making investments through the

Regional Center Pilot Program, may satisfy the job creation requirements by demonstrating the

creation of both direct and indirect jobs.

An alien wishing to immigrate on an EB-5 visa must first file a Form I-526 Immigrant Petition by

Alien Entrepreneur. Upon approval of the petition, the investor may seek lawful permanent

resident (LPR) status by filing an application for adjustment of status or immigrant visa. An

investor who obtains LPR status based on the EB-5 program does so, on a conditional basis, and

the investor must petition for removal of those conditions after two years by filing a Form I-829

Petition by Entrepreneur to Remove Conditions.

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