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To qualify as a Troubled Business you must meet the following criteria

  • You must invest in a business that has existed for at least 2 years.
  • You must invest in a business that has incurred a net loss for the 12 to 24 month period before you filed the Form I-526 Immigrant Petition by an Alien Entrepreneur.
  • The loss for that period must be at least equal to 20 percent of the business’s net worth before the loss.
  • You must maintain the number of jobs at no less than the pre-investment level for at least 2 years.
  • You must invest, or be in the process of investing, at least $1,000,000, unless your investment is in a targeted employment area when the minimum is only $500,000. A Targeted Employment Area is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.”
  • You must be involved in the day-to-day management of the new business or directly manage it through creating business policy.

Once the EB-5 petition is approved, the investor (and his or her immediate relatives) will receive a conditional green card for two (2) years. The conditions are then removed if the investment is sustained and the requisite jobs are created.