Green Cards Through Investment

EB5 investor green cards are granted to those who invest $1 million in a new commercial enterprise and create 10 jobs for U.S. workers. However, if the enterprise is located in either a rural or a high-employment area, the amount of funds which needs to be invested is reduced to $500,000.


EB5 Investor Green CardsOver 90% of all EB5 investors do not start their own businesses. Instead, they invest $500,000 in one of over 745 Regional Centers.

10,000 immigrant visas per year are available to qualified individuals seeking EB5 investor green cards.


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Related Page:

  • EB-5 Resources (USCIS)
    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.

    EB5 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.


    On this Page:



    Comparison of House EB-5 Bills


    HR 616 HR 3370 HR 2131 (From 113th Congress)
    Integrity Measures
    • Prevent fraud by requiring bona fides of regional center
      principals, excluding any found liable for violation relating to
      fraud or deceit in last 5 years; liable for violation related to sale
      of security; would be inadmissible under U.S. immigration
    • Requires attestations and background checks including
    • Terminations of regional centers for failure to provide information
      or for engagement in fraud or threats to national security.
    • Terminations are subject to judicial review
    • Applies Foreign Corrupt Practices Act to any petition.
    • Based almost entirely on S. 1501 and S. 744
    • Sanctions based on S. 744 and HR 2131.
    • Regional center terminations in “unreviewable discretion” for
      securities-related determinations.
    • No person who would be inadmissible may be involved in a regional
      center, nor may such person have violated a fraud provision of
      Securities and Exchange Act.
    • DHS may require attestations and information including biometrics
      to determine compliance
    • DHS may terminate a regional center for violation.
    • Includes new commercial enterprises as well as job creating entities
    • DHS may “immediately terminate” a regional center for failure to
      certify compliance with Federal securities laws.
    • Suspension or termination for securities-related judgments,
      violations, misrepresentations
    • Deference to state designations as conclusive long as uses US
      census bureau and US BLS statistics
    • Determination in effect for 2 year period following
    • Introduces a scheme of tranches for different types of TEAs: rural,
      high unemployment, state/federal EZs, Renewal Communities,
      closed military bases
    • High unemployment defined as one or more census tracts within
      one Core Based Statistical Area using most recent census date.
    • No state designation or federal agency mentioned.
    • Secretary of Labor determines high unemployment TEAs, unless
      superseded by a later determination. Secretary of Labor to determine
      methodology and has discretion to determine. DHS shall not be
      bound by any other entity’s determination.
    Investment Amount Adjustment
    • Initial adjustment to $2M for first fiscal year beginning more than
      6 months after enactment. Applies to petitions filed on or after
      the effective date unless grandfathered by preapproval before
      effective date (start of next fiscal year).
    • Subsequent adjustments every 3rd year by the percentage
      change between the CPI for June from CPI for June 3 years
      prior. Applies to petitions filed on or after the effective date
      grandfathered by preapproval before effective date (3rd fiscal
      year after initial adjustment).
    • Initial adjustment based on the percentage increase by which the
      CPI index for the month before the enactment date exceeds the same
      month in 1990. Applies to petitions filed on or after enactment date.
    • Starting first fiscal year beginning more than 6 months after
      enactment and each FY thereafter, increased by percentage increase
      in CPI for the month of June before the effective date exceeds the
      CPI for the previous June. Applies to petitions filed on or after the
      effective date of increase.
    Effective Dates
    • 6 months after enactment.
    • Special rules for per country visa ceilings; effective 1 year after
    • Upon enactment to petitioners filing on or after enactment; regional
      centers (and involved individuals) designated before, on or after
      enactment; any application to designate regional center pending
      upon enactment.
    • Note: two carve-outs, but effect unclear because seemingly
    • Optional.
    • Requires adjudication of all issues other than investor-related.
    • Requires elimination of repeated submission of project
    • Deference to prior determinations unless material change,
      fraud, or legal deficiency
    • Requires processing time of 180 days + 30 days for RFE
      response adjudication
    • Mostly follows HR 616 but omits deference.
    Procedural Changes/ Fixes
    • Petition processing times of 180 days + 30 days for RFE
      response adjudication.
    • Locking in the “child” status of a dependent whose parent’s
      residency is terminated for one additional petition as long as
      unmarried and filed not later than 1 year after termination.
    • Enhanced pay scale for EB-5 examiners
    • Delegation to US Dept. of Commerce (DOC) for authority and
      responsibility for determinations.
    • Regulations by DHS and DOC
    • Concurrent filings; inclusion in 245(k)
    • Regulations within 180 days of effective date.
    • Requires random site visits to not less than 5% of all projects
      each FY.
    • Delegation to DOC for authority and responsibility for
      determinations per HR 616.
    • Regulations by DHS and DOC per HR 616.
    • Length of investment “not less than 2 years”.
    • Reports: DHS report on job creating methodology, promoting
      EB-5; annual site visit report; biennial report measuring the
      economic impact.
    • Rulemaking within 120 days of enactment
    • Concurrent filings; inclusion in 245(k); premium processing for
      $5,000 but only for I-526s
    • Additional 10,000 visas if initial visa cap is reached.
    • Extends CPR for 1 additional year if needed.


    EB5 Investor Eligibility


    Lawful permanent residence based on EB5 investor 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, “eligible individuals” include those


    1. Who 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. Who have invested — or who are actively in the process of investing — in a new commercial enterprise:
      • At least $1,000,000, or
      • At least $500,000 where the investment is being made in a “targeted employment area,” which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and
    3. Whose 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.


    How do I Seek Status as an EB5 Investor?


    In order to seek status as an immigrant investor, you must file USCIS Form I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation which clearly demonstrates that the individual’s 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.


    How do I Obtain Status as a Conditional Resident?


    Once the Form I-526 is approved, EB5 investors may obtain status as a conditional resident by:


    • Filing Immigration Form I-485, Application to Register Permanent Residence or Adjust Status, if residing within the United States; or, by applying for an immigrant visa abroad.


    How do I Remove the Two-Year Condition on my Green Card?


    In order to remove the two-year condition, eligible EB5 investors must file a 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.


    In The News – EB5 Investors



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