Who is Eligible?
- Anyone who invests between $500,000 to $1 Million into a business in Oklahoma.
- The spouse, and any unmarried children (under the age of 21) are eligible to receive a green card along with the investor.
What Are the Requirements for an EB-5 Visa?
A) The Regular Program
To qualify under the EB-5 investor visa category, the immigrant investor must:
- Invest $1 million (or $500,000 if the investment is made in a “Targeted Employment Area”)
- in a new commercial enterprise, which
- benefits the U.S. economy and
- creates full-time employment for at least 10 U.S. workers.
- The investor must be involved in the management of the new commercial enterprise
- The investor must submit all of the required evidence for EB5 verifications:
- Organizational documents for the new commercial enterprise or, for investment in existing businesses, proof that the required amount of capital was transferred to the business and that the investment has increased the net worth or number of employees by more than 40 percent.
- Proof of capitalization including bank statements, evidence of assets purchased or property transferred from abroad, or evidence of debts secured by investor’s assets.
- Proof that capital was acquired by legal means including foreign business registration records, personal and business tax returns for the last five years.
- Proof that new commercial enterprise has created or will create at least 10 full-time positions including tax records, Forms I-9 or a comprehensive business plan showing the need for at least 10 employees.
- Managerial capacity of the investors including a comprehensive job description setting forth the position occupied by the investors, evidence that the petitioner is a corporate officer or on the board of directors, evidence that the petitioner is or will be involved in direct management activities or policymaking activities in a general or limited partnership.
- If applicable, designation of a targeted employment area including boundaries of the subdivision, the date of the designation and the methods by which the statistics were gathered.
- Benefit to the U.S. economy, including letters from local government officials, chambers of commerce, or regional development agencies.
B) The Regional Center Pilot Program
To qualify utilizing The Oklahoma State Regional Center:
- Investments may be made into the Regional Center versus an individual enterprise.
- Investors are NOT required to show that their investment itself will employ 10 U.S. workers. Rather, it is enough if they can show that 10 or more jobs will be created directly or indirectly as a result of the investment.
- Investors are NOT required to hold “active management” roles, but only some policy-making role in the enterprise.
- Investors are NOT required to submit all of the required evidence as The Oklahoma State Regional Center is able to certify that the investor has met its criteria.
To obtain the visa, individuals must invest $500,000 in a targeted employment area (a $100,000 investment is required if the project is not located in a targeted employment area), creating or preserving at least 10 jobs.
Investors get permanent immigration status, known as a green card, if they can document that at least 10 jobs were created after two years.
There were 7,641 visas issued through the EB-5 program in 2012,
Hilton Worldwide Inc. executives said that roughly 3% of the 560 Hilton-branded hotels currently under development in the U.S. are financed at least in part with EB-5 proceeds.