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Can I obtain a green card by investing in the US?

An EB-5 visa was created in 1990 to promote investments in U.S. businesses and to create and preserve jobs in the U.S.  With an EB-5 visa, a person investing in a business in the U.S. can become a legal permanent resident (LPR) by establishing a new commercial enterprise and by providing full-time employment to at least ten U.S. citizens, LPRs or other immigrants with employment authorization.  Saving ten jobs by investing into a troubled business may also qualify.  However, the EB-5 applicant, their immediate relatives and other persons in nonimmigrant status can not be considered as employees.

A new commercial enterprise can be achieved by creating an original business, purchasing an existing one and restructuring or reorganizing it to make it new, and by greatly expanding an existing business or retaining all existing jobs in a troubled business. To invest, one must actually invest or be in the process of investing $1,000,000.  The exception is when the investment is being made in a target employment area, typically one designated with exceedingly high unemployment rates, in which case the investment must be at least $500,000.  The investment capital may consist of such items as cash, equipment, inventory or other property, but must with personal assets and not the assets of the commercial enterprise.   

In the event of multiple investors in the same enterprise, each will qualify if they meet the minimal capital and job creation requirements.  This means that each investor must invest $1,000,000 and create or save ten jobs each. 

A green card for an investor is usually issued on a conditional basis for a period of two years.  At the conclusion of two years, the investor will have to file a request with the United States Citizen and immigration Services (USCIS) to remove the condition. In so doing, the USCIS will look to whether or not the investment has actually been made, whether full-time work authorized workers have been hired, and whether or not the business is still operating and owned by the investor.

If you are married or have children below the age of 21, your dependents will acquire a green card through your EB-5 investment as well.  While their green cards are conditionally issued, they will become permanent whenever yours does.

Shihab & Associates Co., LPA has the skill and experience to guide you throughout the EB-5 process.