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.

Attorney Tips for EB-5 Visa

Click to play

EB-5 Visa News

Want to learn more?

Check out these articles below