Immigration Matters

EB5 Investor Green Card

 EB-5 Investor Green Card

The EB-5 Investor Visa program was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Investors who qualify for an EB-5 Immigrant Visa can obtain a US Permanent Residency (Green Card)  and the same for their qualifying family members through investment in a US Business or Enterprise.  Three specific investment schemes are laid out by the regulations, New Commercial EnterpriseTroubled Business and Regional Center investment.  

New Commercial Enterprise:

  • Investment in a new or existing US for-profit business.

  • Minimum investment of $1 million US or $500,000 US if business is in a Targeted Employment Area (TEA) such as Mendocino County.

  • Investment must be shown to create 10 direct or indirect full-time US jobs within 2 years.

  • EB-5 Investor must have some form of management or control in business, which can be through voting rights established as a Limited Partner within an Limited Liability Corporation or voting rights or business policy formation in another business entity, i.e., Partnership, Corporation, Holding Company, etc.

  • Mendocino County offers vast investment opportunities in an area of California famous as a tourist destination based on its long established hospitality and arts industry, historical sites, breath taking views and natural beauty, and award-winning, world renowned wineries, restaurants, and inns.

Troubled Business 

  • Enterprise that has been in existence for at least two years and has incurred a net loss during the 12- or 24-month period.

  • Loss for this period must be at least 20 percent of the troubled business’ net worth prior to the loss.

  • Minimum investment of $1 million US or $500,000 US if business is in a Targeted Employment Area (TEA) such as Mendocino County.

  • Investment must only preserve pre- net worth loss employment level within the qualifying troubled business

  • Investor must be shown to have management and control over business policy formation and/or day-to-day management.

  • Due to the recent economic downturn in the US economy, many businesses in Mendocino County qualify under this designation and are ripe for investment opportunities given their long-term investment potential and real estate values.

Regional Center 

  • Defined as any economic entity, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment.

  • Regional Center must demonstrate how it will promote economic growth in its region and establish how it will create US jobs through EB-5 investments.

  • Approval of a regional center means USCIS recognizes the economic entity as a designated participant in the EB-5 Pilot Program and USCIS acknowledges that the econometric models and business plans appear to be feasible and that jobs should be directly or indirectly created through investment in the approved industry categories.

  • Minimum investment of $1 million US or $500,000 US by an EB-5 Investor if business is in a Targeted Employment Area (TEA) such as Mendocino County.

  • Mendocino County currently does not have a Regional Center approved by USCIS, but given its ample available real estate, resources, and strong tourist and hospitality industry the County is an ideal location for such a business entity.