- Investment must be in a going concern (a business) – not a passive security such as the stock market;
- The business must have been created after November 29, 1990. If the business was created before this date, the investment must substantially change the business;
- Invested funds must be the applicant’s. The source of the funds can be a loan or gift from a parent or other person, provided the appropriate gift taxes are paid, if required;
- The amount of investment may be $900,000 in a rural or high unemployment area; and
- Ten jobs must be created on the enterprise’s payroll. Indirect job creation may only be counted if the qualifying investment is in a Regional Center (as described in EB-5 Immigration Through Regional Centers).
EB-5 Visas Through Direct Investment
The EB-5 category is a way for foreign nationals looking to become permanent residents (green card) of the United States.
A person investing at least $900,000 in certain areas in a business that creates 10 jobs may be granted EB-5 permanent resident status. Recent changes for EB-5 rules, including investment increase to $900,000 in a TEA and $1.8M in other places.
If you are not interested in getting personally involved with the setting up and management of a new business, you may want to consider qualifying for an EB-5 visa through investment with an EB-5 Regional Center. We invite you to explore the following section of our site: EB-5 VISAS THROUGH REGIONAL CENTER INVESTMENTS.
EB-5 PERMANENT RESIDENT PROCEDURES
EB-5 permanent resident status involves (i) making the requisite investment, (ii) filing an I-526 petition with the USCIS, and (iii) applying for an immigrant visa at a U.S. consulate or applying for adjustment of status in the United States. Once “conditional” resident status (green card) is granted, the individual must wait 21 months to file an application to remove the “conditional” status. With this application, evidence of the creation or saving of 10 jobs is required, as well as proof the entire investment has been maintained in the commercial enterprise. Upon approval of the I-829 application by USCIS, the applicant is granted permanent resident status. We can analyze business opportunities and advise you whether they may qualify for an EB-5 green card.
Lawler & Lawler is a leading EB-5 law firm for helping individuals in setting up and assisting with compliance issues relating to EB-5 regional centers.
Martin Lawler has been practicing law for more than 30 years. He is a leading EB-5 lawyer. He is listed in Best Lawyers of America and has an “A” rating from Martindale-Hubbell. He has also received a number of American Immigration Lawyers Association (AILA) presidential awards.