EB-5 Visa

The EB-5 "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 $1.8 million or more (or at least $900,000 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.

EB-5 visa applications have become much more popular in recent years after the USCIS relaxed the requirements and increased the consistency of granting EB-5 applications.

Benefits of an EB-5 Green Card

  • This Green Card is often granted faster, both for the petitioner and any family members.
  • It 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 $1.8 million (or at least $900,000 if in a designated targeted employment area). 
    The targeted employment area is a rural area 
    or area that has experienced a 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 to domestic markets.
  3. The new business must — directly or indirectly — create at least ten full-time positions for U.S. workers.
    - May include citizens, Green Card holders, and others allowed to work in the U.S.
    - May not include the EB-5 petitioner or their family members.
  4. The capital investment does not have to be all cash but may also comprise:
    - Cash equivalents or indebtedness are secured by the investor's assets and for which they are liable.
    - Equipment, stock, or other tangible property.
  5. The EB-5 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 two years.
  2. Before the petition, it must have returned a net loss for the recent 12/24-month period.
  3. That loss must constitute at least 20% of the business's net worth on the balance sheet.
  4. The investment must maintain at least as many jobs as before investment for a minimum of 2 years.
  5. Invest or be in the process of investing $1.8m. Or at least $900k if the investment is in a designated "Targeted Employment Area."
  6. A rural area or an area with a high unemployment rate (at least 150% of the national average).
  7. The petitioner may be involved in day-to-day management or as a limited partner.

Family Members

The legal spouse and unmarried children under 21 years may enter the U.S. on a two-year conditional period. Then, you can file a petition to remove conditions from family member Green Cards (I-829).

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

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