Investment Based Green Card

A foreign national may obtain a Lawful Permanent Resident Card (green card) by investing one million dollars either in a new commercial business or in an existing business in the United States. The basic requirement is that the business must directly or indirectly create at least ten permanent full-time jobs for U.S. workers within two years, and the foreign national must be actively engaged in the business. If the foreign national purchases an existing business, the one million dollar investment must expand the entity by at least 140%, must retain existing jobs, and must employ at least an additional 40% more U.S. workers.

A foreign national may be able to qualify by investing only $500,000 if the business is located in a targeted rural area where the unemployment rate is 150% higher than the national average unemployment rate during a comparable 12-month period. The business can also be located in a rural area, which is any area outside a metropolitan statistical area or outside the boundary of a city or town with a population of 20,000 or more according to the decennial census. Nonetheless, the business is required to create, directly (actual identifiable jobs for qualified employees located within the commercial enterprise) or indirectly (jobs created as a result of capital invested in a commercial enterprise affiliated with a regional center by the investor), at least ten permanent full-time jobs for U.S. workers within two years. All fifty states in the U.S. provide Targeted Employment Area (High Unemployment or Rural Area) certifications for businesses that qualify under the EB-5 Investor visa program. The California Governor’s Office of Business and Economic Development can be accessed to identify qualified Targeted Employment Areas at: http://maps.gis.ca.gov/gobiz/tea/teafinder.html

If a foreign national’s EB-5 Investor visa application is granted, they will be granted conditional permanent residence for two years. At the end of two years, the foreign national must then file an application to remove conditions on their permanent residence with the USCIS. The foreign national must provide evidence that the business continues to employ the requisite ten permanent full-time U.S. workers. After the conditions on the status are removed, the foreign national will receive unrestricted Lawful Permanent Resident status (green card) in the U.S.

If you are an investor living outside the U.S., you must apply through consular processing.  If you are an investor living in the U.S., you may become a conditional permanent resident through an Adjustment of Status.

The investor’s spouse and unmarried children under the age of 21 years may be included on the immigrant petition. Up to 10,000 visas may be authorized each year for eligible investors.

At The Ahluwalia Firm, our emphasis is on:

•    providing zealous representation before the USCIS
•    providing careful review of your personal circumstances
•    providing careful coordination of all correspondence with the government agencies
•    ensuring a service-delivery model that meets and exceeds your satisfaction

Please contact us for additional information about our ability to prepare and file all the necessary documents required to obtain a green card under EB-5 Investor visa category.