EB-5   Investment-based Green Card

The EB-5 visa provides a green card (permanent residence) to individuals who make significant investments in U.S. business.  The minimum investment is $1 million (or $500,000 in some cases) so this is known as the ‘million dollar green card.’  Congress created this program in 1990 to stimulate the U.S. economy through foreign investment and job creation.

The EB-5 investment can take the form of cash, inventory, equipment, secured indebtedness, tangible property, or cash equivalents and is valuated based on U.S. dollar fair-market value.

EB-5 Requirements

  • Investment must generally be in a new commercial enterprise (exceptions include investing in a designated Troubled Business or a Regional Center)
  • Investment is $1 million (or at least 500,000 in Targeted Employment Area, meaning a high unemployment or rural area)
  • Investment (which can include cash, equipment, property, etc.) is based on U.S. dollar fair-market value
  • Investment creates/preserves at least 10 jobs for U.S. workers

EB-5 Process

  • Applicant files form I-526 (Petition by Alien Entrepreneur)
  • Upon approval: applicant files Form I-485 (Application to Register Permanent Residence or Adjust Status) or applicant files DS-230 or DS 260 (Application for Immigrant Visa or Alien Registration)
  • Applicant files Supporting Documents (Evidence of investments, job creation, etc.)
  • Upon approval: investor and family members (dependent children under the age of 21) are granted conditional permanent residence for a 2-year period
  • As Green Card holders, family members are authorized to work or attend school in the U.S.

 

How Schunk Law Can Help

The EB-5 category is complex, and it is important to have expert legal expertise and advice on what USCIS looks for in the qualification and approval process. Schunk Law can help.

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