Investment Based Green Card

The EB-5 Investor Visa Program allows foreign nationals to invest in the U.S. economy and obtain lawful permanent residency. Here are the key points of this program:

Investment Amounts:

• Standard Investment: $1,050,000 million into a new or existing U.S. business.
• Reduced Investment: $800,000 in a Targeted Employment Area (TEA), either rural or with high unemployment.

Job Creation Requirements:

• Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years.
• For existing businesses, the investment must lead to a 140% increase in the number of employees or net worth, or retain all existing jobs in a troubled business that has lost 20% of its net worth in the past 12–24 months.

Geographical Focus:

• Investments can be anywhere in the U.S., but reduced investments are for TEAs.
• TEAs are either rural areas or areas with unemployment at least 150% of the national average.
• States have designated agencies to certify TEAs, such as the California Governor’s Office of Business and Economic Development.

Conditional Permanent Residency:

• Upon approval, the investor and their immediate family are granted conditional permanent residence for two years.
• To remove conditions, the investor must prove that the investment has been made and the jobs were created or will be created in a reasonable time.

Permanent Residency:

• After fulfilling the requirements and removing conditions, the investor and family can become permanent residents without restrictions.

Including Family Members:

• The investor’s spouse and unmarried children under 21 years of age can be included in the petition.

Annual Visa Cap:

• Approximately 9,500 visas are available each fiscal year for the EB-5 program.

Consular Processing vs. Adjustment of Status:

• Investors living outside the U.S. apply through consular processing.
• Those already in the U.S. can adjust their status to conditional permanent resident without leaving the country.

Representation and Assistance:

The Ahluwalia Firm offer services to help navigate this complex process, ensuring that all documentation is correctly filed and that the investor is well-represented before USCIS. When considering an EB-5 visa, it is vital to get accurate legal advice and assistance. Mistakes can be costly and may result in the denial of the application. Legal firms with experience in EB-5 visas can provide invaluable guidance to investors throughout this process.