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How a foreign investor can get green card through EB5

HOW A FOREIGN INVESTOR CAN GET A GREEN CARD THROUGH THE EB5 PROGRAM

If you are a foreign investors interested in securing a green card through the EB-5 Immigrant Investor Program, the EB-5 program might be the right option.

What is the EB-5 Immigrant Investor Program?

The EB-5 program, created by Congress in 1990, allows eligible foreign investors to obtain a U.S. green card by investing a specified amount of capital into a U.S.-based business. This program not only encourages foreign investment in the U.S. economy but also creates jobs for American workers.

Through the EB-5 visa, investors, their spouses, and unmarried children under 21 may be eligible to receive permanent residency.

Key Requirements for the EB-5 Program

To qualify, foreign investors must meet specific requirements:

  1. Investment Amount: Investors must invest either $800,000 or $1.05 million, depending on the location of the business.
    • Targeted Employment Areas (TEAs): $800,000 is required for investments in TEAs, which include rural and high-unemployment areas. Investing in these areas can make the process more affordable and may have additional benefits.
    • Non-TEA Investments: For non-TEA investments, a minimum of $1.05 million is necessary.
  2. Job Creation: The investment must create or preserve at least ten full-time jobs for qualified U.S. workers within two years. This job-creation requirement is crucial to ensure that the investment benefits the U.S. economy.
  3. Active Participation: Although investors are not required to manage the day-to-day operations, they must be actively engaged in the business, typically as a limited partner.

Steps to Obtaining an EB-5 Green Card

  1. Choosing a Project: Investors typically invest in projects within Regional Centers, which are USCIS-approved organizations promoting economic growth. These centers offer indirect job creation and other benefits that make meeting program requirements easier.
  2. Filing Form I-526E: Once the investment is made, the investor files Form I-526E (Immigrant Petition by Standalone Investor) with USCIS. This petition demonstrates that the investor meets all requirements.
  3. Obtaining Conditional Residency: If the petition is approved, the investor and eligible family members receive a two-year conditional green card. During this period, they can live, work, and attend school in the United States.
  4. Filing Form I-829: Within 90 days before the two-year conditional residency expires, investors must file Form I-829 to remove the conditions on their green card, proving the job-creation requirements have been met.
  5. Permanent Residency: Once the I-829 is approved, investors and their family members receive permanent green cards, allowing them to live in the U.S. indefinitely.

Benefits of the EB-5 Program

  • Path to U.S. Citizenship: After five years as a permanent resident, EB-5 green card holders may be eligible to apply for U.S. citizenship.
  • No Sponsorship Required: Unlike other visa categories, the EB-5 program does not require a U.S. employer or family member to sponsor the applicant.
  • Educational and Career Opportunities: Investors and their families can access the benefits of U.S. education and career paths without additional visa restrictions.

Is the EB-5 Program Right for You?

The EB-5 program is an excellent option for those who wish to establish roots in the United States through investment. However, this process requires careful planning and compliance with complex immigration regulations.

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