Employment-Based Immigration: Background & Risks of the Immigrant Investor (EB-5) Program

Congress created the Employment-Based Fifth Preference Immigrant Investor Program (EB-5 Program) visa category to promote job creation by immigrant investors in exchange for visas providing lawful permanent residency. Participants are required to invest $1 million in a business that is to create at least 10 jobsor $500,000 for businesses located in an area that is rural or has experienced unemployment of at least 150 percent of the national average rate. Upon meeting program requirements, immigrant investors are eligible for conditional status to live and work in the United States and can apply to remove the conditions for lawful permanent residency after 2 years. This book examines U.S. Citizenship and Immigration Services (USCIS) efforts under the EB-5 Program to work with interagency partners to assess fraud and other related risks; address any identified fraud risks; and increase its capacity to verify job creation and use a valid and reliable methodology to report economic benefits. The book also reviews the EB-5 Adjudications Policy Memorandum, which is the guiding document for USCIS administration of the EB-5 program. See more