
Legal Q&A
Q
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I am writing because I would like to know about the requirements for U.S. investment immigration in general. I am considering settling in the United States, and I would like to know whether, for EB-5 investment immigration, meeting the investment amount alone is sufficient, or whether there are additional matters to check, such as business entity requirements or job creation. I would be grateful if an attorney well versed in U.S. investment immigration could answer.
Requirements for U.S. investment immigration
Answer
Published:
Author : Kuk Il KIM
The requirements for U.S. investment immigration center on meeting the requirements of a lawful capital investment in a new commercial enterprise and of job creation.
The investment target for EB-5 investment immigration must be a new enterprise established after November 29, 1990, or, even if it was established before that date, an enterprise that has been substantially converted into a new enterprise by restructuring its business after acquisition, or in which the net worth or the number of employees has increased by 40% or more through additional investment.
It must create full-time employment for at least 10 U.S. citizens, permanent residents, or lawful residents, excluding the applicant and accompanying family members, for a minimum of two years.
In addition, as the capital investment requirement, a minimum of USD 1,050,000 is required for a standard area, and a minimum of USD 800,000 for a Targeted Employment Area (TEA), and these amounts are automatically adjusted every five years in accordance with the U.S. Consumer Price Index.
As such, it should be noted that the requirements for U.S. investment immigration are a system that comprehensively examines the substance of the business and its contribution to employment, beyond a mere monetary requirement.
Because the outcome of U.S. investment immigration can vary greatly depending on whether the requirements are met, it is important to proceed only after a careful legal review in advance of whether the specific investment structure and business form conform to the requirements for U.S. investment immigration.

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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property

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