Obtaining a US green card through investment, also known as the EB-5 visa program, is a popular option for foreign entrepreneurs and investors seeking permanent residency (green card) in the United States. It allows qualified individuals to secure green cards for themselves and their immediate family members by making a significant investment in a U.S. commercial enterprise and creating jobs.
Here, we provide a comprehensive overview of the EB-5 green card through investment program, including its purpose, eligibility requirements, investment options, and the overall process.
What is the EB-5 Visa?
The EB-5 visa is the only immigrant visa category specifically designed for foreign investors who are willing to invest capital in the U.S. economy and create jobs. In exchange for the investment, the EB-5 visa grants the investor, their spouse, and unmarried children under 21 permanent residency in the United States. For Canadian citizens, visit EB-5 visa for Canadians.
Types of EB-5 Investments
There are two primary ways to qualify for an EB-5 visa through investment:
Who is Eligible for the EB-5 Visa?
The EB-5 visa program is open to individuals of all nationalities. To obtain a US green card through investment, you must meet the following requirements:
EB-5 Visa Requirements
The United States Citizenship and Immigration Services (USCIS) administers the EB-5 immigrant investor program (EB-5 visa). To qualify for an EB-5 visa, you must meet the following specific requirements:
- Minimum Investment Amount:
- $1,050,000 for standard projects located outside of Targeted Employment Areas (TEAs).
- $800,000 for projects located in a TEA, which are typically rural areas or areas with comparatively high unemployment rates.
- Investment Type: Invest in a new commercial enterprise or a USCIS-designated Regional Center project.
- Job Creation: Create or preserve at least 10 full-time jobs for qualified U.S. workers. The jobs must be created directly for direct EB-5 investments and can be created indirectly for Regional Center projects.
- “At-Risk” Investment: The invested capital must be “at-risk,” meaning there is a potential for loss of some or all of the investment amount.
- Lawful Source of Funds: Demonstrate that the investment funds originated from a legal source.
Understanding the EB-5 Investment
New Commercial Enterprise: To qualify for the EB-5 visa program, the investment must be made in a for-profit business that was established after November 29, 1990, or an existing business that has been restructured or expanded in a way that creates a new commercial enterprise. The business must also engage in commercial activity and offer goods or services to the public.
Job Creation Requirements: The 10 full-time jobs required for EB-5 visa qualification must be for U.S. workers, excluding the investor, their family members, and anyone unauthorized to work in the United States.
Risks Associated with EB-5 Investment
The EB-5 visa program is inherently risky, as the investment must be “at-risk” to qualify. This means there is a chance of losing some or all of the invested capital. To learn more about the risks associated with obtaining a US green card through investment, visit Is EB5 visa risky?.
Source of Investment Funds
The investment capital used for the EB-5 visa program can come from various sources, including:
Other US green card through investment options
In addition to the EB-5 green card through investment program, there might be other green card options for foreign entrepreneurs or investors. These options will depend on the individual circumstances.
EB-1C US green card through investment
For example, EB-1C is suitable for entrepreneurs or investors who own a business abroad, have worked as an executive or manager for that business for 1 year in the past 3 years, and be coming to work in a managerial and executive capacity at US affiliate, subsidiary or branch. We have successfully secured EB-1C green card for investors.
To learn more, visit EB-1C Requirements and Processing Time, EB1C Change of Job or Employer, Can I Apply for EB-1C without L-1 page and successful EB-1C for investors.
EB-2 NIW and EB-1A
Other options for foreign investors or entrepreneurs include EB-2 NIW (National Interest Waiver) or EB-1A for persons with an extra ordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
Malescu Law can assist
If you are interested in obtaining a green card through investment, contact us to schedule an appointment. Our investor visa lawyers can assist you with your investment to avoid being victim of investment scams.
Let us help you obtain a US green card though investment. Why choose us? We provide unparalleled financial expertise for worry-free US green card through investment immigration.
Our team features a Chartered Financial Analyst (CFA) with extensive business valuation and investment expertise. This allows us to provide expert financial analysis directly to you and immigration officers, minimizing the risk of your investment and streamlining your visa application process.
EB-5 Regional Center investments offered to foreign investors and entrepreneurs are considered securities and are subject to US securities laws, even if the investments are offered outside the US to people who are not US residents.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
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