EB5

EB-5 Green Card: Your Path to U.S. Residency Through Investment

Introduction

The EB-5 Immigrant Investor Program offers a unique pathway to U.S. permanent residency for foreign nationals who make a significant investment in a U.S. business that creates jobs. Created by Congress in 1990, the EB-5 program is designed to stimulate the U.S. economy through capital investment and job creation. In return, investors and their immediate families (spouse and unmarried children under 21) can obtain a green card, allowing them to live, work, and study in the United States.

What is the EB-5 Green Card?

The EB-5 Green Card falls under the Employment-Based Fifth Preference (EB-5) category, which is specifically tailored for foreign investors. By making an investment in a new commercial enterprise in the United States and creating at least 10 full-time jobs for U.S. workers, investors can secure a green card for themselves and their families.

Key Benefits of the EB-5 Green Card

• Direct Path to Permanent Residency: Investors, along with their spouse and unmarried children under 21, can obtain U.S. green cards, allowing them to live and work anywhere in the United States.

• No Sponsorship Required: Unlike other employment-based green cards, the EB-5 does not require a job offer or employer sponsorship.

• Access to U.S. Education: EB-5 investors and their families can benefit from U.S. public and private education systems, with potential access to in-state tuition rates at public universities.

• Flexible Living and Working Options: EB-5 green card holders are free to live, work, or retire anywhere in the U.S. and are not limited to working in the area where their investment is located.

Eligibility Criteria for the EB-5 Green Card

To qualify for the EB-5 green card, investors must meet specific criteria related to the type and amount of their investment as well as job creation requirements:

1. Investment Amount

• Standard Investment: The minimum investment amount is $1,050,000 in a new commercial enterprise.

• Targeted Employment Area (TEA) Investment: If the investment is made in a Targeted Employment Area (TEA), which includes rural areas or areas with high unemployment, the minimum investment amount is reduced to $800,000.

2. New Commercial Enterprise

• The investment must be in a new commercial enterprise established after November 29, 1990. A commercial enterprise can be any for-profit business entity formed for the ongoing conduct of lawful business, including a sole proprietorship, partnership, holding company, joint venture, corporation, or business trust.

• Alternatively, the investment can be in an existing business if it is restructured or expanded significantly, resulting in a substantial increase in net worth or number of employees.

3. Job Creation

• The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor's admission to the United States as a conditional permanent resident.

• Direct Jobs: Jobs that are directly created within the commercial enterprise receiving the investment.

• Indirect Jobs: Jobs created as a result of the investment in a Regional Center project. Regional Centers are designated by USCIS to promote economic growth and can count both direct and indirect job creation.

4. Investment at Risk

• The investor’s capital must be “at risk” throughout the investment period. This means there should be no guarantees of returns or buybacks. The investment must be subject to potential gain or loss based on the business's success.

EB-5 Investment Options

Investors have two main pathways for making an investment:

1. Direct Investment:

   • Involves investing directly in a new or existing business. The investor must be actively involved in the management or policy formation of the business. This option suits those who want direct control over their investment and are willing to be involved in the day-to-day operations of the business.

2. Regional Center Investment:

   • Regional Centers are designated by USCIS to promote economic growth in specific areas. Investing through a Regional Center allows investors to pool their funds into larger projects and count both direct and indirect job creation. This is the more popular option as it often involves less hands-on management and offers more flexibility in job creation criteria.

The EB-5 Application Process

The process for applying for an EB-5 Green Card involves several steps:

1. Choose an Investment:

   • Select either a direct investment or invest through a USCIS-designated Regional Center. Conduct thorough due diligence to ensure the investment meets all EB-5 requirements.

2. File Form I-526 (Immigrant Petition by Alien Investor):

   • The investor must file Form I-526 with the U.S. Citizenship and Immigration Services (USCIS). This form demonstrates that the investor has made (or is actively in the process of making) the required investment in a new commercial enterprise and that the investment will create the necessary jobs.

   • The I-526 petition must include documentation proving the lawful source of the investment funds, business plans, evidence of job creation, and other relevant financial records.

3. Conditional Permanent Residence:

   • If the I-526 petition is approved, the investor can apply for a conditional green card. If they are outside the U.S., they will undergo consular processing to obtain an immigrant visa. If they are already in the U.S., they can file Form I-485 for an adjustment of status.

   • The conditional green card is valid for two years.

4. File Form I-829 (Petition by Investor to Remove Conditions):

   • Within the 90-day period before the conditional green card expires, the investor must file Form I-829 to remove the conditions on their permanent residence. This petition must provide evidence that the investment was sustained and that the required jobs were created.

   • Once approved, the conditions on the investor's green card are removed, granting them permanent resident status.

Tips for a Successful EB-5 Application

• Conduct Due Diligence: Carefully select an investment that meets USCIS requirements. If investing through a Regional Center, research its track record and the project's potential for job creation.

• Prove Lawful Source of Funds: Clearly document the legal source of your investment funds. This is a critical component of the I-526 petition.

• Work with Experts: Consult with immigration attorneys and financial professionals experienced in EB-5 investments to navigate the complexities of the process.

Conclusion

The EB-5 Green Card program is an excellent opportunity for investors seeking to obtain U.S. permanent residency while contributing to the nation's economic growth. With options for direct investments or regional center projects, the EB-5 offers flexibility and a straightforward path for qualified investors and their families to make the United States their home.

For more information or personalized guidance on the EB-5 application process, please contact us or explore our EB-5 Services.