The EB-5 Immigrant Investor Program, a program designed to stimulate the U.S. economy through job creation and capital investment by foreign investors, is becoming more popular.  The program, however, is complex and far from straightforward.  This uncertainty can (and often does) have the effect of discouraging the would-be foreign investor, particularly given the amount of money required for the investment.  In order to help clarify the process and encourage investment and associated EB-5 investment visa applications, The U.S. Citizenship and Immigration Services (USCIS) issued a clarifying Policy Memorandum in May 2013, clarifying many of the key terms.

If you or anyone you know is considering making an investment in order to obtain an EB-5 visa, I would encourage you to become familiar with the requirements prior to taking any steps towards investing.  The general requirements for the EB-5 Investment Visa can be found here and the recent Policy Memorandum here.


Alka Bahal is a Partner and the Co-Chair of the Corporate Immigration Practice of Fox Rothschild LLP.  Alka is situated in Fox Rothschild’s Roseland, New Jersey office though she practices throughout the United States and at Consulates worldwide. You can reach Alka at (973) 994-7800, or