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
- 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.
- The investment must be shown to benefit the U.S. economy, usually by providing goods or services to domestic markets.
- 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.
- 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.
- The EB-5 petitioner may be involved directly in a management capacity or as a limited partner.
Criteria for Investing in a Failing Business
- The business must have been running for at least two years.
- Before the petition, it must have returned a net loss for the recent 12/24-month period.
- That loss must constitute at least 20% of the business's net worth on the balance sheet.
- The investment must maintain at least as many jobs as before investment for a minimum of 2 years.
- Invest or be in the process of investing $1.8M. Or at least $900k if the investment is in a designated "Targeted Employment Area."
- A rural area or an area with a high unemployment rate (at least 150% of the national average).
- The petitioner may be involved in day-to-day management or as a limited partner.
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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