EB-5 Immigrant Investor Program

The EB-5 Immigrant Investor Program is also referred to as the fifth employment-based preference (“EB-5”). Under this category 10,000 visas are available each year for immigrants seeking to enter the United States as lawful permanent residents (“Green Card” holders). The requirements to qualify for the program are very specific. The immigrant must generally invest at least $1 million in a new commercial enterprise. The enterprise must benefit the U.S. economy and create at least 10 full-time jobs for U.S. citizens, lawful permanent residents or other employment-authorized aliens. Other additional requirements address management of the enterprise.

The below article documents the U.S. tax implications for foreign nationals participating in the EB-5 Immigrant Investor Program.