The EB-5 Employment Visa: Mend It or End It

President Donald Trump’s State of the Union address last Tuesday night offered some sensible recommendations for immigration reform. Unfortunately, he omitted a few things – such as the need to fix the EB-5 visa program. The EB-5, authorized by the Immigration Act of 1990, allows persons from abroad who invest in a U.S. startup business to become lawful permanent residents. All too often, it is an invitation to fraud and self-dealing.

The EB-5 visa, intended to spur business development, offers a green card for immigrant small venture capitalists. The visa holder must invest at least $1 million in a “new commercial enterprise” or at least $500,000 if the enterprise is located in a designated Targeted Employment Area. Upon approval of a petition, the investor and dependent family members may obtain a green card. The investor must show that the investment has created or preserved at least 10 permanent domestic … Read More ➡