2. Potential H-1B shut out by quota
3. H-1B nearing six year limit or where H-1B employer will not pay legal and filing fees
4. Investors from non-treaty countries/ Investors who want to set up a business that won’t have 10 employees
5. E-2 investors who don’t qualify for regular EB-5 or have age out child.
6. Individual owner of a business outside of the U.S. who doesn’t qualify for an L-1
7. Spouse of permanent resident
8. Foreign nationals in a multiple-year immigrant quota waiting list
9. Foreign nationals employed by employer who cannot or will not pay legal fees and advertising costs for a labor certification
10. F-1 student or graduate who cannot find a job
EB-5 investment immigration is a good way for any one with significant financial abilities to invest in the U.S. and gain permanent residency for their entire family. So any person with financial ability who wants to gain permanent residency is recommend to consider the EB-5 process.
The following is my list on who should consider EB-5:
• Entrepreneurs, including those who don’t qualify for an E-2 visa
• Investors from non-treaty countries
• CEO/Managers of a U.S. company who are not an L-1 transferee
• Doctors who have not passed USMLE 1, 2 and 3
• F-1 student who wants to start a business
• Foreign national investors in a U.S. business who do not want to be active in the business
• Individual owners of a non-U.S. business who want to set up a U.S. business, but who cannot use an L-1 because owner intends to close the foreign business
• L-1 applicants from China with cases under Consular investigation
• Parents who seek a U.S. education for their children, but do not want to be actively involved in business management
The EB-5 foreign investor visa program is for any one with the financial capacity to invest in the U.S. Through such investment the principal investor and his/her immediate family will acquire permanent residency.
The EB-5 visa is for individuals who have the financial capacity to invest the required capital in the U.S. Through the investment, the foreign investor and his/her immediate family will receive a green card.
EB-5 is for people who are true "entrepreneurs" and have a good idea that will create at least 10 full time jobs. IF not all of those jobs would be on your individual payroll then you need to hook up with a Regional Center in order to count "indirect" jobs. HOWEVER, a sole proprietor cannot "join a Regional Center" merely to count indirect jobs. Regional Centers are required by law to "pool investments". Regional Centers are not "small business incubators" or "social clubs" or "umbrella organizations" for mom-n-pop operations merely seeking to count indirect jobs. EB-5 is suitable for folks who have sufficient funds that won't break them IF they actually lose it all AND who have no other practical means to immigrate OR who have a path that would take much longer (such as a sibling or married son/daughter of a USC with a waiting time for a visa of 10 to 30 years etc...).
Generally speaking, the EB-5 program is suitable for individuals with financial means who wish to become permanent residents of the United States (along with his/her family). Ideally, given the risks involved in investing in any business, this individual should have some experience in investing in businesses and have some understanding of how to evaluate risk and perform due diligence. If this individual does not have these skills, they should be sure to work with someone who does.
However, a distinction must be made between regional center EB-5 cases and direct EB-5 cases, as these investment routes may appeal to substantially different types of investors.
Although technically active in nature, regional center EB-5 investments generally require much less time and energy in the actual day-to-day direct managing of the project. As such, regional center investments are ideal for individuals who don't wish to live near the project business and wish pursue other professional or academic ambitions.
Direct EB-5 cases, on the other hand, tend to be suitable for a very specific type of foreign investor. This investors is one who is more comfortable being directly involved in the businesses in which they invest (which typically requires having certain pre-existing skills and accreditations), and additionally because the investors would have more total control of the business being developed, they put themselves in a position to attain significantly better return on investment (ROI) than can be commonly found among regional center offerings. On the flip side of that, direct EB-5 cases typically require investors to live nearby and take a more active day-to-day management role (and generally forgoing other professional or academic pursuits), as the equity investment they make means that they are responsible for the profits and losses of the company.
It should also be noted that in addition to the preferences of the EB-5 investor, the differences in USCIS requirements between direct and regional center EB-5 cases should also, of course, be considered.