EB-5 Investment Green Card | Lightman Law Firm (2024)

EB-5 Investment Green Card

Overview of Fifth Preference (EB-5): Investment-Based Green Cards

This avenue of obtaining a green card is provided to wealthy individuals who will invest between $500,000 and $1 million in a United States business.

However, the applicant must not only invest in a United States business, but must also take an active role in that business.

Important Facts:

  • Investment-based green cards are limited to 10,000 per year
  • The investment can be anywhere in the United States
  • The investment must be maintained for at least three years
  • You must take an active role in the business, but you don’t need to control it

Eligibility for a Green Card Through Investment

To obtain a green card through investment, an individual must invest a minimum of $1 million in creating a new United States business or restructuring or expanding one that already exists.

The $1 million minimum may be reduced to $500,000 if the business is located in a rural area or an urban area with an unemployment rate certified by the state government to be at least 150% of the national average. The business must employ at least ten full-time workers, produce a service or product, and benefit the United States economy. Neither the investor, his/her spouse, or children may be counted among the ten employees.

Two-year Testing Period (Conditional Period)

The green card for an investor is issued initially only for a period of two years.

The investor will have to file a request with the USCIS when the two years are over to remove the conditional nature of his/her green card. The purpose of this is to allow the USCIS to determine whether or not the investment has met all the requirements.

If any of the requirements have not been met, the investor will lose his/her green card and be subject to removal from the United States. Contact us for any additional questions about the process ahead.

Further Reading

EB-5 Green Card: An Overview of the EB-5, Green Card Through Investment Process

EB-5 Green Card: Invest in the American Dream

EB-5 Green Card: How Do I Know if EB-5 is the Right Option For Me?

EB-5 Green Card: Telling the Story of Your EB-5 Capital – Evidencing Lawful Source of Funds

EB-5 Investment Green Card | Lightman Law Firm (2024)

FAQs

How much investment is needed for EB-5 green card? ›

Investment Thresholds

The EB-5 program mandates a minimum investment of $1,050,000. However, this amount can be reduced to $800,000 if the investment is made within a Targeted Employment Area (TEA), which is either a rural area or one experiencing high unemployment levels.

What is the success rate of EB-5 green card? ›

Immigrant investors file either Form I-526 or Form I-526E to demonstrate to USCIS their compliance with all tenets and laws of the EB 5 visa program. The approval rate for I-526 petitions generally ranges from about 75% to above 80%.

Does EB-5 guarantee green card? ›

Yes, the investor, their spouse, and unmarried children under 21 can obtain green cards through the EB-5 investment.

What is the EB-5 investment fee? ›

The total costs for an EB-5 investment include:
  • $800,000 principal investment ($1,050,000 in a Non-TEA Project)
  • Administrative Fee (Typically 10% or $80,000)
  • Attorney Fees (Typically $25,000-35,000 for the entire process)
  • USCIS Fees ($12,160 for initial I-526E Petition, $9,525 for the I-829 Petition)

Is an investment of $500000 sufficient for EB-5 immigrant visa? ›

The standard capital investment requirement for an EB-5 investor is $1 million. in a Targeted Employment Area (TEA) which is either in a high unemployment area, (calculated as an area with an unemployment rate that is at least 150% of the national average), or a Rural Area (RA) is $500,000.

Do EB-5 investors get their money back? ›

EB-5 Investment Repayment

While loan terms can vary from project to project, EB-5 investors can usually hope to receive repayment back within a five-to-seven-year period. The investment must remain “at risk” throughout the loan period, and therefore cannot be guaranteed to be returned.

Is EB-5 investment worth it? ›

If you want to obtain a US passport eventually but don't have any ties with the country, the EB‑5 visa might be the best option. It allows the investor to move to the States alongside their family and be eligible to get a US passport after 7 years of living there. How much does an EB5 visa cost?

What are the disadvantages of EB-5 visa? ›

EB-5 visa regulations dictate that the investor's capital needs to be "at risk" and no guarantees are allowed to be offered to the investor on any return on, or of capital. In layman terms, this means that in the process of getting a green card, if not careful, you could potentially lose the entire amount invested.

What are the risks of EB-5? ›

Every EB-5 investment carries inherent risks. These risks vary across different project types but can generally be categorized under two groups: immigration risk and financial risk. These two risk categories align with the primary motivations for EB-5 investors.

What is the new rule for EB-5? ›

The EB-5 Reform and Integrity Act of 2022 has changed the program's minimum investment requirements to reflect economic adjustments. The new minimum investment for an EB-5 Green Card is $1,050,000—which is lowered to $800,000 for projects in targeted employment areas (TEAs).

How long does an EB-5 investment take? ›

Upon successful completion of the EB5 visa interview, you should be granted an EB5 visa within about a week. This process takes about 6 to 8 months. Once your adjustment of status is approved or you enter the country on a valid EB5 visa, you are officially a conditional permanent resident for 2 years.

Can an EB-5 investment be a loan? ›

One of the ways in which you can fund your EB-5 investment is through a loan. This loan can come from a family member or friend, a banking institution, in the form of an unsecured loan, or any other legitimate source.

Is EB-5 debt or equity? ›

EB-5 loans have more predictable repayment timelines than equity investments. With a set maturity date and limited number of optional extensions, EB-5 investors can have greater confidence about when they will be repaid. Con: Lower Return. EB-5 loan offerings tend to provide lower annual return rates to EB-5 investors.

How much money do I need for an EB-5 visa? ›

If the petition was filed after March 15, 2022, the investment must be at least $1,050,000. That is, unless the investment is in a targeted employment area (TEA) — which is either a rural area or an area with high unemployment — in which case it must be $800,000 at minimum.

Can I buy an existing business for EB-5? ›

While the standard investment threshold is $1,050,000 million, investments in infrastructure or Targeted Employment Areas (TEAs) qualify at $800,000. Investing in an existing business is not only allowed but can be a strategic move for prospective immigrants.

What is the fund requirement for EB-5? ›

To qualify for an EB-5 Visa under this program, as an applicant, you would need to invest a minimum of $800,000 in a new commercial enterprise (NCE) located in an area that has been designated as a targeted employment area (TEA).

What are the minimum requirements for EB-5? ›

EB-5 Visa Requirements Summary
  • $1,050,000 capital investment, $800,000 in a rural area, high unemployment area, or an infrastructure project.
  • The investment must be made in a for-profit U.S. commercial entity.
  • The investment must create 10 full-time U.S. jobs for two years.

What are the investment options for EB-5? ›

Investments may be made in either of two ways: 1) individually (direct), or 2) through a government-approved regional center.

How much should I invest in to get a green card in the US? ›

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

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