WASHINGTON—U.S. Citizenship and Immigration
Services (USCIS) announced today that the Immigrant Investor Pilot
Program has been extended through September 30, 2009 due to yesterday’s
signing of the “Fiscal 2009 Omnibus Appropriations Bill,” H.R. 1105.
a result of the extension of the Pilot Program, USCIS will continue to
receive, process, and adjudicate all Regional Center Proposals and
Forms I-526, Immigrant Petitions by Alien Entrepreneur, and Forms
I-485, Applications to Register Permanent Residence or Adjust Status,
affiliated with Regional Centers relying on “indirect” job creation
Under section 203(b)(5) of the Immigration and Nationality Act
(INA), 8 U.S.C. §1153(b)(5), 10,000 immigrant visas per year are
available to qualified individuals seeking permanent resident status on
the basis of their engagement in a new commercial enterprise.
Of the 10,000 investor visas (i.e., EB-5 visas) available annually,
3,000 are set aside for those who apply under a pilot program involving
a USCIS-designated "Regional Center."
A "Regional Center:"
"Alien investors" must:
Permanent resident status based on EB-5 eligibility is available to
investors, either alone or coming with their spouse and unmarried
children. Eligible aliens are those who have invested – or are actively
in the process of investing – the required amount of capital into a new
commercial enterprise that they have established. They must further
demonstrate that this investment will benefit the United States economy
and create the requisite number of full-time jobs for qualified persons
within the United States.
In general, "eligible individuals" include those:
In order to seek status as an immigrant investor, you must file Form
I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be
filed with supporting documentation which clearly demonstrates that the
individual's investment meets all requirements, such as:
Once the Form I-526 is approved, immigrant investors may obtain status as a conditional resident by:
In order to become a lawful permanent resident, eligible investors
must file a Form I-829, Petition by Entrepreneur to Remove Conditions.
Form I-829 must be filed within 90 days before the second anniversary
of an Alien Investor's admission to the United States as a conditional