Introduction

The EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S.

You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.

Green Card Eligibility – It Is Suitable For:

• Foreign entrepreneurs who invest $900,000 in a commercial enterprise in a targeted employment area that will benefit the U.S. economy and create at least 10 full-time U.S. jobs;
• Foreign entrepreneurs who invest $1,800,000 in a commercial enterprise that will benefit the U.S. economy and create at least 10 full-time U.S. jobs;
• Immediate family members of EB5 foreign entrepreneur visa applicants.

EB5 Green Card Benefits

• You have unlimited right to live anywhere in the U.S.;
• You do not require an employment authorization to accept employment;
• You can develop and run your own business;
• You do not need a family member or employer to sponsor you;
• You can sponsor Green Cards for your relatives;
• You can become a U.S. citizen once you have been a permanent resident for more than five years.

EB5 Green Card Requirements

You may be eligible for Green Card through investment by having invested or be in the process of investing the required amount of capital in a new commercial enterprise in the U.S. The investment must benefit the U.S. economy and create ten of full-time jobs for qualified persons within the U.S.

• Creating A New Commercial Enterprise

You may create a new commercial enterprise by:

• Creating an original business;
• Purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results;
• Expanding an existing business by 140 per cent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 per cent of its net worth over the past 12 to 24 months.

• Investing In A New Commercial Enterprise

You must have invested or be actively in the process of investing at least $1,800,000 in the new commercial enterprise, unless the investment is to be made in a targeted employment area, in which case the investment must be at least $900,000

• Benefit The U.S. Economy And Create Jobs

Your engagement in a new commercial enterprise must benefit the U.S. economy and:

1. Create full-time employment for not fewer than ten qualified individuals, or
2. Maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a “troubled business,” which is a business that has been in existence for at least two years and that has lost 20 per cent of its net worth over the past 12 to 24 months.

EB5 Green Card Notes

• Foreign nationals in the process of adjusting their Immigration Status, who are planning to travel abroad, must obtain advance permission prior to leaving the U.S in order to return to the U.S.
• S. permanent residents planning to leave the U.S. for more than a year must obtain a Reentry Permit prior to leaving the U.S.
• S. permanent residents may apply for Citizenship if they have been a permanent resident for at least 5 years.
• Note: A spouse who has been a permanent resident for 3 years, who is currently married to a U.S. citizen, and has been married to the same U.S. citizen for the past 3 years, may apply for citizenship.
• Conditional permanent residents must apply during the 90 days before the second anniversary as a conditional resident to remove the conditions on their residence.

Applying For The Green Card EB5

Obtaining an EB5 investment based green card is a three-step process.

• Filing For Green Card: EB-5 Petition

To seek status as an immigrant investor, you must file U.S. Citizenship and Immigration Services (USCIS) Form I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation, which clearly demonstrates that your investment meets all requirements, such as:

1. Establishing a new commercial enterprise;
2. Investing the requisite capital amount;
3. Proving the investment comes from a lawful source of funds;
4. Creating the requisite number of jobs;
5. Demonstrating that the investor is actively participating in the business, where applicable;
6. Creating employment within a targeted employment area.

Once the petition is approved, the USCIS forwards the approved petition to the National Visa Center (NVC), which will contact you when an immigrant visa number becomes available.

• Obtain Status As A Conditional Resident

Once the EB5 investment based green card petition is approved, you may obtain status as a conditional resident.

1. If you reside within the U.S., apply for adjustment to Conditional Permanent Resident status;
2. If you reside outside the U.S., apply for an immigrant visa at a American Consulate abroad.

To deter fraud, you, your spouse and children are subject to conditional permanent residence for a two-year period.

• Remove Conditions on Permanent Residence

To remove the two-year conditions on permanent residence, you must file a USCIS Form I-829, Petition by Entrepreneur to Remove Conditions. Form I-829 must be filed within 90 days before the second anniversary of your admission to the U.S. as a conditional resident.