- The applicant must invest in a new, expanding, or troubled business.
- New: created or restructured after November 19, 1990
- Expanding: existing net worth or number of employees by a minimum of 40%
- Troubled: has existed for at least 2 years and incurred a net loss of at least 20% during the previous 12-24 month period. If investing in a trouble business investor petitions to the U.S. Citizenship and Immigration Services (USCIS) can be based on jobs ‘saved’ by the investment verse the investment creating 10 director or indirect jobs.
- The applicant must invest $1,000,000. If the project is in a Targeted Employment Area (TEA) the minimum investment requirement is reduced to $500,000. The investment must stay at risk throughout the entire process.
- The investor must demonstrate that the investment capital was “lawfully gained” and the required capital is at risk for investment purposes. Necessary documentation (primarily consisting of tax records for past 5 years) will need to be submitted to the USCIS for green card review – we suggest investors utilize one of the referred lawyers who specialize in EB-5 documentation to facilitate this process.
- The business must create at least 10 full-time jobs for U.S. workers.
- The investor must enter the U.S. within 180 days of visa issuance. The visa holder must demonstrate the “intent” to be a resident. This includes:
- Renting or buying a home
- Opening bank accounts
- Obtaining a social security number
- Obtaining a driver’s license
- Paying applicable taxes
- Maintain Permanent Residency
Required Forms & Useful Links
North Dakota Department of Commerce
North Dakota State Government
Minnesota Department of Employment and Economic Development
Minnesota State Government