The Law Offices Of Ama-Mariya Hoffenden, PLLC


EB-5 Visa

EB-5 Visa Generally.

The EB-5 visa program allows for conditional residency and eventual lawful permanent residency for persons who invest or are in the process of investing $1,000,000, or, under certain circumstances $500,000, in a new commercial enterprise that creates at least 10 full-time jobs for United States Citizens or authorized immigrant workers and who engages in day-to-day management or policy formation of the commercial enterprise.


The investment of $500,000 is enough if the investment is in a targeted employment area (“TEA”) (i.e. a rural area of less than 20,000 population or an area which has experienced high unemployment of at least 150% of the national average.)

The investment must be made in the business most closely responsible for creating the jobs. An investment not at risk is not an investment of capital.

The investor must establish he is the legal owner of the capital. Any assets acquired directly or indirectly by unlawful means, such as criminal activity will not be considered capital.

Direct vs. Indirect Job Creation.

If the capital is invested into a separate enterprise, the 10 full-time jobs must be created directly.  If the capital is invested into a regional center, the 10 full-time jobs may be created indirectly.  Jobs that establish an employer-employee relationship between the new commercial enterprise and the persons it employs are called “direct jobs.”  Jobs held by persons who work outside the new commercial enterprise are “indirect jobs.”


Schedule your consultation now to receive a complete list of documents for the EB-5 classification.