Green Card: EB-5 Investment

The EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.

Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center." A "Regional Center" is an entity, organization or agency that has been approved as such by the Service; focuses on a specific geographic area within the United States; and, seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

"Alien investors" must:

• Demonstrate that a "qualified investment" (see below) is being made in a new commercial enterprise located within an approved Regional Center; and,
• Show, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested — or are actively in the process of investing — the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

In general, you may be eligible for EB-5 immigrant visa if you:

1. If you establish a new commercial enterprise by:

• creating an original business;
• purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
• expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and

2. As of November 21, 2019, the U.S. Department of Homeland Security introduced new changes to the EB-5 Immigrant Investor Program increasing:

• The standard minimum investment amount to $1.8 million (from $1 million) to account for inflation and;
• The minimum investment in a TEA to $900,000 (from $500,000) to account for inflation.

The new rule also allows for future adjustments to be made to account for inflation every 5 years.

3. If your engagement in a new commercial enterprise will benefit the United States economy and:

• create full-time employment for not fewer than 10 qualified individuals; or
• maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

For a full description of the requirements, see 8 U.S.C. § 1153(b) (5) and 8 C.F.R. § 204.6.

Obtaining an EB-5 investment based green card is a three-step process.

(A) Filing the Green Card: EB-5 Petition

In order to seek status as an immigrant investor, you must file CIS Form I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation which clearly demonstrates that your investment meets all requirements, such as:

• establishing a new commercial enterprise,
• investing the requisite capital amount,
• proving the investment comes from a lawful source of funds,
• creating the requisite number of jobs,
• demonstrating that the investor is actively participating in the business; and, where applicable,
• creating employment within a targeted employment area.

Once the petition is approved, the USCIS forwards the approved petition to the National Visa Center (NVC), which will contact you when an immigrant visa number becomes available.

(B) Obtain Status as a Conditional Resident

Once the Form I-526 is approved, immigrant investors may obtain status as a conditional resident by:

• Filing CIS Form I-485, Application to Register Permanent Residence or Adjust Status, if residing within the United States; or,
• Applying for an immigrant visa at a U.S. Consulate abroad, if residing outside the United States.

To deter fraud, you, your spouse and children are subject to conditional permanent residence for a two-year period.

(C) Remove Conditions on Permanent Residence

In order to become a lawful permanent resident, eligible investors must file a CIS Form I-829, Petition by Entrepreneur to Remove Conditions. Form I-829 must be filed within 90 days before the second anniversary of an Alien Investor's admission to the United States as a conditional resident. For a description of the requirements for removal of conditions, see 8 C.F.R. § 216.6.

You should file the CIS Form I-526 at the CIS Service Center having jurisdiction over the area in which the new commercial enterprise will be principally doing business.