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EB5 Visa

The EB5 “Investor Green Card” is a permanent residency U.S. visa designed to allow permanent U.S. residency to foreign investors who are willing to invest significant capital in American companies.

The conditions require…

  • An investment of $1 million or more (or at least $500,000 in certain rural areas or regions with high unemployment);
  • And that the company will employ at least ten full-time positions for either American citizens or legal permanent residents.

EB5 visa applications have become much more popular in recent years, after the USCIS relaxed the requirements together with an increase in consistency of granting EB5 applications.

EB5 visa investor green card

4 Reasons to Consider the EB5 Green Card

  • This Green Card is often granted faster, both for the petitioner and any family members.
  • Does not require a job offer in place, or labor certification.
  • You do not have to disclose your net worth.
  • The applicant is not required to be highly involved in the application process.

Criteria for Investing in a New Business

  1. The investor must be investing at least US$1 million (or at least $500,000 if in a designated targeted employment area*).
    • * The definition of targeted employment area is a rural area or area that has experienced high unemployment rate of at least 150% of the national average.
  2. The investment must be shown to benefit the U.S. economy, usually by providing goods or services into domestic markets.
  3. The new business must — directly or indirectly — create at least 10 full-time positions for U.S. workers.
    • May include citizens, Green Card holders, and others who are permitted by law to work in the U.S.
    • May not include the EB5 petitioner or their family members.
  4. The capital investment does not have to be all cash, but may also comprise:
    • Cash equivalents or indebtedness secured by assets that the investor owns and for which they are liable.
    • Equipment, stock, or other tangible property.
  5. The EB5 petitioner may be involved directly in a management capacity, or as a limited partner.

Criteria for Investing in a Failing Business

  1. The business must have been running for at least 2 years.
  2. It must have returned a net loss for the recent 12/24-month period prior to petition.
  3. That loss must constitute at least 20% of the business’ net worth on the balance sheet.
  4. The investment must maintain at least as many jobs as there were prior to investment for a minimum of 2 years.
  5. Invest or be in process of investing $1,000,000. Or at least $500k if investment is in a designated “Targeted Employment Area *”.
    • * A rural area or an area that has a high unemployment rate (at least 150% of the national average).
  6. The petitioner may be involved in day-to-day management or as a limited partner.

Family Members

The legal spouse and any unmarried children under 21 years may be admitted to the U.S. on a 2-year conditional period. A petition (I-829) may then be filed to remove conditions from family member Green Cards.

As lawful permanent residents (Green Card holders) in their own right, family members will be authorized both to work and attend school in the U.S.

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