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Practice Areas > Investors
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GREEN CARD THROUGH INVESTMENT, EB-5 IMMIGRANT INVESTOR
Entrepreneurs (and their spouses and unmarried children under 21) who make an investment in a commercial enterprise in the United States and who plan to create or preserve ten permanent full time jobs for qualified United States workers, are eligible to apply for a green card (permanent residence).
You must invest $1,000,000, or at least $500,000 in a targeted employment area (high unemployment or rural area). In return, USCIS may grant conditional permanent residence to the individual.
Eligibility Criteria
You may be eligible to receive permanent residence based on investment if: |
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You have an approved Immigrant Petition by Alien Entrepreneur |
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An immigrant visa is immediately available | |
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Application Process
The first step is to file an Immigrant Petition by Alien Entrepreneur and the next step is to either consular process or file for adjustment of status to obtain a green card. Investment requirements are detailed below under EB-5 Investment Requirements.
Consular processing is when you live outside the United States and you apply for your immigrant visa at a U.S. consulate abroad. On the other hand, if you live inside the United States you can apply for conditional permanent residence initially and then after a fixed time apply to remove the conditions in order to get a green card.
Family of Entrepreneurs
Your spouse and unmarried children under the age of 21, (known as derivatives) may be included on your immigration petition.
Work& Travel Authorization
Generally, when you have a pending Adjustment of Status application, i.e., Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return).
EB-5 Investment Requirements
All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise: |
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Established after Nov. 29, 1990, or |
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Established on or before Nov. 29, 1990, that is: |
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Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or |
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Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs | | |
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Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to: |
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A sole proprietorship |
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Partnership (whether limited or general) |
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Holding company |
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Joint venture |
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Corporation |
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Business trust or other entity, which may be publicly or privately owned | |
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This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.
Note: This definition does not include noncommercial activity such as owning and operating a personal residence.
Job Creation Requirements |
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Note: Investors may only be credited with preserving jobs in a troubled business.
A troubled business is an enterprise that has been in existence for at least two years and has incurred a net loss during the 12- or 24-month period prior to the priority date on the immigrant investor’s Form I-526. The loss for this period must be at least 20percent of the troubled business’ net worth prior to the loss. For purposes of determining whether the troubled business has been in existence for two years, successors in interest to the troubled business will be deemed to have been in existence for the same period of time as the business they succeeded.
A qualified employee is a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. The individual maybe a conditional resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation. This definition does not include the immigrant investor; his or her spouse, sons, or daughters; or any foreign national in any nonimmigrant status (such as an H-1B visa holder) or who is not authorized to work in the United States.
Full-time employment means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week. In the case of the Immigrant Investor Pilot Program, "full-time employment" also means employment of a qualifying employee in a position that has been created indirectly from investments associated with the Pilot Program.
A job-sharing arrangement whereby two or more qualifying employees share a full-time position will count as full-time employment provided the hourly requirement per week is met. This definition does not include combinations of part-time positions or full-time equivalents even if, when combined, the positions meet the hourly requirement per week. The position must be permanent, full-time and constant. The two qualified employees sharing the job must be permanent and share the associated benefits normally related to any permanent, full-time position, including payment of both workman’s compensation and unemployment premiums for the position by the employer.
Capital Investment Requirements
Capital means cash, equipment,inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital shall be valued at fair-market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) shall not be considered capital for the purpose of meeting the requirements of an EB-5 Investor.
Note: Investment capital cannot be borrowed.
Required minimum investments are: |
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General. The minimum qualifying investment in the United States is $1 million. |
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Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000. | |
A targeted employment area is an area that, at the time of investment, is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate.
A rural area is any area outside a metropolitan statistical area (as designated by the Office of Management and Budget) or outside the boundary of any city or town having a population of 20,000 or more according to the decennial census. |
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