- 19-Apr-2025
- Healthcare and Medical Malpractice
The EB-5 Immigrant Investor Program offers a path to a U.S. Green Card for individuals who make a significant financial investment in a U.S. business and create jobs for U.S. workers. This program allows foreign nationals to invest in commercial enterprises, potentially obtaining permanent residency in exchange for their investment.
To qualify for the EB-5 program, you must invest a minimum of $1 million in a new commercial enterprise.
However, if you invest in a Targeted Employment Area (TEA) (rural or high-unemployment areas), the required investment is reduced to $500,000.
Your investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of receiving your Green Card. This job creation is a critical requirement for maintaining permanent residency under the EB-5 program.
These jobs can be direct (e.g., employees working at the business where you invested) or indirect (e.g., jobs generated in the surrounding economy).
The investment must be in a new commercial enterprise. This can be a startup, an existing business being restructured, or a troubled business in need of new capital to remain operational.
The enterprise must be for-profit and engaged in lawful business activities. It cannot be an investment in passive assets, such as real estate or stocks.
Submit Form I-526, the Immigrant Petition by Alien Investor, to U.S. Citizenship and Immigration Services (USCIS). This petition must include evidence of the investment, business plan, and job creation projections.
If your I-526 petition is approved, you and your immediate family (spouse and children under 21) will receive a conditional Green Card for two years.
After two years, you must file Form I-829 to remove the conditions on your Green Card. This is done by demonstrating that the investment has been sustained and that the job creation requirement has been met.
Like any business investment, there are risks involved. If the business fails or does not meet job creation requirements, your Green Card may be revoked.
Many investors choose to invest in a Regional Center, which is an approved entity that facilitates EB-5 investments. These centers typically pool funds from multiple investors to fund large-scale projects (e.g., real estate developments), thus spreading the investment risk.
The program grants lawful permanent residency (Green Card) to successful investors and their immediate family.
After holding a Green Card for five years, you may apply for U.S. citizenship through naturalization.
EB-5 visa holders do not need to manage the business directly (especially if they invest through a Regional Center), and they have the flexibility to live, work, and travel freely within the U.S.
John, a Chinese entrepreneur, invested $1 million in a new restaurant chain in a rural area in the U.S. He also ensured that the investment created 12 full-time jobs, surpassing the minimum job creation requirement. After his Form I-526 was approved, John and his family received conditional Green Cards. After two years, they filed Form I-829 to remove the conditions, and upon approval, they received their permanent Green Cards.
It’s highly recommended that investors consult with an immigration attorney and financial advisor before proceeding with the EB-5 program, as the investment process and legal requirements can be complex.
A strong business plan is critical to the success of the petition. The plan must demonstrate how the investment will create jobs and benefit the U.S. economy.
Working with an EB-5 Regional Center can simplify the process by handling many of the administrative and operational aspects of the investment, reducing the investor’s direct involvement in the business.
The EB-5 Investment Program offers a unique opportunity for foreign nationals to obtain a Green Card through business investment, but it comes with specific requirements and risks. If you have the financial resources and are willing to meet the criteria, this program can provide a path to U.S. residency and eventually citizenship.
Answer By Law4u Team
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