Green Card through investment
Is it possible to buy a Green Card? Well, yes, kind of. America always welcomes people who seek to invest in the US economy. If you have enough assets, you can qualify for a Green Card through investment. This can be an excellent way for you to both move to the USA and start the business of your dreams.
What is the Green Card through investment?
You may have heard of the “Million Dollar Green Card” or the possibility to “buy a Green Card.” This refers to the EB-5 visa which you can get through the Immigrant Investor Program.
The program was established as part of the Immigration Act of 1990 and last modified in 2019. It enables foreign entrepreneurs who invest a larger amount in the USA to get a Green Card.
The Green Card through investment is particularly interesting for self-employed persons and business people. If they dispose of enough money or other assets, the investor Green Card is a good opportunity to get to the United States without long waiting times.
Benefits of the investor Green Card
To be precise, the investor Green Card or EB-5 visa is a subcategory of the employment-based Green Card. However, compared to the other work visas, the Green Card through investment offers you some decisive advantages:
Requirements for an investor Green Card
While the investor Green Card has many advantages, it also comes with a whole range of requirements. Applicants must provide extensive documentation and deal with a highly complex legal area. To qualify for an EB-5 visa, you have to:
The investment
First and foremost, you must be able to provide evidence that you dispose of an investment sum of $1.8 million. In regions that are designated as targeted employment areas, this threshold is lowered to $900,000.
Targeted employment areas (TEAs) are determined by the Department of Homeland Security (DHS). They are either located in rural settings with a less developed economy or in regions where the unemployment rate is at 150% of the national average.
The investment capital can be provided in various forms: cash, equipment, inventory, certificates of deposit, treasury bills, but also loans that are secured by assets of the investor can serve as capital.
If several investors participate in the same business, they can each receive a Green Card. However, it is necessary that each of the applicants contributes the required investment sum of $1.8 million, or respectively $900,000.
The type of business
To qualify for a Green Card through investment, the intended project must be a new commercial enterprise. This means that it must have been established on or before November 29th, 1990.
It is also possible to invest in an existing business established before November 29th, 1990. In that case, however, it must be purchased and restructured to form a new company. A significant increase (at least 40%) in the company’s net value or the number of employees would also meet the requirements for the investor Green Card.
Your company must not be a non-profit project, otherwise the business form does not matter. Solo ownership, corporation, partnership, or joint venture: anything is possible. Yet it is important that the investor must be actively involved in the business.
4 steps to obtain the investor Green Card
Decide what business project you want to invest in and where you want to locate your company. Are you going to spend $1.8 million or more, or do you choose to support the economy in a targeted employment area by investing $900,000?
Filing Form I-526
If you meet all requirements, you can file Form I-526, also known as Immigration Petition by Alien Entrepreneur, with the U.S. Citizenship and Immigration Services (USCIS). When filing the petition, you must present evidence that you will create at least ten full-time jobs for US workers through your investment. Moreover, you have to prove that the investment money has been acquired in a legit way.
Obtaining a conditional Green Card
The application process usually takes four to six months. If the USCIS approves your application, you will get a conditional Green Card. It will grant you residency in the United States for two years at first.
Removing the conditions from your Green Card
To get rid of the two-year-condition, you have to file Form I-829 (Petition by Entrepreneur to Remove Conditions) with the USCIS. The petition needs to be submitted about three months before your conditional residency expires.
At this point, you will have to prove that your business has met the necessary requirements of the EB-5 visa program. In case of success, a permanent Green Card will be issued to you.
However, if your I-829 petition is denied, you will have an opportunity to appeal. If this fails too, you will be placed in removal proceedings.
Becoming a US citizen
The investor Green Card even enables you to “buy your way to US citizenship,” if you wish. After about five years as a Green Card holder, you will be eligible for US citizenship through naturalization.
Your savings don’t quite cover an investment in the US? Why don’t you try your luck in the next Green Card Lottery? Maybe you’ll win one of the desired 55,000 US Green Cards soon!
uscis.gov, en.wikipedia.org, youngupstarts.com
How to buy a Green Card
If you dream of living in the USA but have neither family in the States nor the prospect of a US employer to sponsor you, there is yet another chance to emigrate to the USA besides the annual Green Card Lottery: the Green Card by investment.
Take the chance of living in the USA and apply for the official US Green Card Lottery!
However, the fact that you can easily buy a Green Card with a lot of money is not to be taken literally because, in addition to an investment of at least $ 900,000, you must meet other requirements when receiving a Green Card through investment.
Buying a Green Card with EB-5 Visa
In what is called “Millionaire’s Way to the Green Card,” applicants go through the process of applying for a United States EB-5 visa, also called the Immigrant Investor Program.
In return for investing $ 900,000 or $ 1,800,000 (depending on the US company’s location) and creating jobs for US citizens, the applicant receives the “Green Card for Immigrant Investors.”
Emigrate to the USA as a millionaire
The EB-5 Investor Green Card is initially awarded on a probationary basis. Therefore, in addition to making a massive investment, the applicant must prove for two years that they do indeed meet the strict requirements for permanent residency. These include:
After a two-year probationary period, the foreign investor can then convert their “Conditional Green Card” into a “Permanent Resident Card,” i.e., an unlimited residence permit for the USA.
Take your chance to win a Green Card!
Apply now
Who can buy a Green Card?
The US investor program was created in the 1990s primarily for foreign entrepreneurs who could majorly contribute to the American economy.
If you have enough money or other assets and want to invest them in a US business, the EB-5 process will take you to the United States without any detours and with very little Green Card wait time.
For this, you must prove that you are the rightful owner of the invested capital.
How much does the Green Card cost?
The Investor Green Card requires an investment of $ 1.8 million, which can be reduced to $ 900,000 if you invest in a designated structurally weak region (Targeted Employment Areas).
Targeted Employment Areas (TEAs)
Structurally weak regions, or TEAs, are officially designated by the Department of Homeland Security (DHS). They are located either in rural areas with a less developed economy or regions where the unemployment rate is at or above 150 % of the national average.
However, if you win the Green Card Lottery, you will get off much more cheaply, as the processing fees charged by the immigration authorities are only in the three-digit range.
Do multiple investors also receive multiple Green Cards?
If multiple investors participate in a company, each can receive a Green Card. However, it is required that each of the applicants contributes the required investment amount of $ 1.8 million or $ 900,000.
Alternatives to buying a Green Card
If you don’t have $ 900,000 to spare right now, there is another way to get into the United States without a long wait: The US government’s annual Green Card Lottery! Every year, 55,000 Green Cards are drawn to applicants from all over the world.
Participation in the Green Card Lottery is, in contrast to other ways to get a Green Card, very inexpensive and requires hardly any bureaucratic effort, as long as you have the right partner by your side.
Participation is done online and can be completed in just a few minutes. Register for the Green Card Lottery today, and with a bit of luck, you will soon hold the Green Card in your hands.
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If you want to live and work in the USA, applying for a Green Card is essential. Find possible ways to get the desired US immigrant visa, including the Green Card Lottery.
Green Card through the Green Card Lottery
The US government draws 55,000 Green Cards annually through the Diversity Visa Program. Due to the high requirements in other Green Card categories such as employment-based, family, marriage, and investment Green Cards, the path through the Green Card Lottery is, for most people, not only the easiest but often the only way to a life in the USA.
All you have to do to get the coveted residence permit for the USA is to register for the annual lottery. The USA experts of The American Dream accompany your application and immigration process as the world’s largest Green Card agency with comprehensive services, especially for the Green Card Lottery.
Green Card DoubleChance for married couples
Our tip for your Green Card application: Take advantage of the DoubleChance for married couples! Spouses and unmarried children under the age of 21 will automatically receive a Green Card if they are included in your application – without having to wait! This also applies to same-sex spouses.
Green Card through the job or investment
There are several US work visas available to you for taking up employment in the United States. Factors such as qualification, citizenship, duration of the planned stay, company affiliation, or company constellation are decisive.
Green Card through the family or marriage
Family reunification is one of the most common reasons for immigrating to the United States. In addition to close relatives of US citizens and Green Card holders, spouses of US citizens are also entitled to a Green Card. The respective procedures are subject to severe restrictions and differ in terms of widely varying waiting periods until the Green Card can be obtained.
Relatives/spouses of US Green Card holders
You can look up the waiting periods for different dependents in the Visa Bulletin, which explains and abbreviates the different immigrant categories, for example:
“Family-Sponsored” waiting periods in the Visa Bulletin
A visa is immediately available to applicants if a “C” for “current” is listed in the applicable “Preference Category.” Nevertheless, the waiting time for approval may be about 1 year or more, depending on the workload of the authorities after that.
The US immigration process for family reunion or the Green Card through marriage proceeds in several stages:
The easiest way to get a Green Card
Given the high requirements and difficult application process for Green Cards by family, job, or investment, the straightforward Green Card Lottery proves to be the easiest path to a permanent life in the United States.
Take your chance today and enroll in the US government’s annual Green Card Lottery! Applying only takes a few minutes, and the chances of winning are tremendous.
As an immigration lawyer for investors and entrepreneurs, one of the questions that I get asked is: “Can I get a green card through investment in real estate?” To cut to the chase, the answer is: it depends.
In this guide, I’m going to discuss how to get a green card through investment in real estate. More specifically, I’m going to discuss the EB-5 visa (an investment based visa) and how to use this visa to get a green card by investing in real estate.
Overview
1. Intro to Investment-Based Immigration and the EB-5 Visa
2. EB-5 Visa Requirements
3. Issue #1 With Getting a Green Card Through Investment in Real Estate Using EB-5: New Commercial Enterprise Requirement
4. Issue #2 With Getting a Green Card Through Investment in Real Estate Using EB-5: Job Creation Requirement
5. Solution 1: Purchase Real Estate to Operate Your Business on
6. Solution 2: Invest in an EB-5 Regional Center
Introduction to Investment-Based Immigration and the EB-5 Visa
The EB-5 visa allows foreign investors to get a green card based on making an investment in a US company. The investor is required to make a minimum investment of $1,800,000. In some circumstances, an investor can qualify to make a reduced investment of $900,000 (instead of $1,800,000) if the investment is located in an economically depressed area called a “targeted employment area.” The investor’s investment must also lead to the creation of 10 full-time jobs for qualified US workers.
Here’s a list of the requirements to get an EB-5 green card
1. Invest in a new commercial enterprise (we will discuss what this is below);
2. Invest a minimum of $1,800,000 in the new commercial enterprise. (Or $900,000 if the investment is located in a targeted employment area);
3. Investment must lead to the creation of 10 full-time jobs for qualified US workers;
4. The investment funds must have been obtained lawfully;
5. Your investment is “at-risk” meaning that it is subject to gain or loss. (The investment funds can’t just sit in an operating account, they should actually be spent);
6. You must engage in the management of the business.
Now that you know the requirements to get an EB-5 visa, lets go over the two main issues when it comes to getting a green card through an investment in real estate
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Issue #2 With Getting a Green Card Through Investment in Real Estate Using EB-5
As I stated earlier, to get an EB-5 green card, your investment must lead to the creation of 10 full-time jobs for qualified US workers. One of the main issues with making an investment in real estate is that this will most likely not lead to the creation of 10 jobs for US workers. We will discuss a potential solution to this issue below.
Purchase Real Estate to Operate Your Business On
To get an EB-5 green card, you are required to invest a minimum of $1,800,000 (or $900,000) in a US business. Your investment capital must have some sort of connection (or “nexus”) to the creation of jobs. One solution to overcome both of the issues specified above regarding the commercial enterprise requirement and the job creation requirement, is to start a business or invest in an existing business and purchase the real estate on which the business will operate.
I’ll explain how this works:
As you can see from the solution presented above, there is a way to get a green card through an investment in real estate.
This method is not exactly a traditional real estate investment. You will actually be required to operate a business and create jobs. Still, this is an option to should consider if you are looking for ways to get a green card by investing in real estate.
Invest in an EB-5 Regional Center
Regional centers are business organizations designated by the United States Citizenship and Immigration Services that sponsor various EB-5 projects. EB-5 regional centers gather investments from several EB-5 investors to fund their projects. Many of the EB-5 projects sponsored by regional centers are major real estate developments such as hotels and condominium complexes. By investing in a regional center, you become a partial owner of the project you decide to invest in. So, by investing in a regional center, you could very possibly be investing in real estate, depending on the project you choose.
Disclaimer: The above information is general information and is not investment advice. This is not a substitute for professional investment advice.
Conclusion
At this point, you should know that there are ways to get a green card through an investment in real estate. However, this process is not as simple as just buying a house, or a commercial building. The closest way to get a green card through real estate investment is through the EB-5 visa.
Even through the EB-5 visa process, you still must make sure that your investment meets the definition of a “new commercial enterprise” and that you satisfy the job creation requirements of the EB-5 visa.
Although these requirements can be challenging to satisfy, there are potential solutions, including
Please keep in mind that the topics discussed today are highly detailed and complex. You should consult with an experienced immigration lawyer early on.
Ashoori Law is a full-service immigration law firm focused on helping investors and entrepreneurs get visas to the United States. Got a question? Lets talk about it. My team and I would be happy to assist you.
Resources
The EB-5 visa gives permanent U.S. residency to those investing into government-approved projects across the United States of America. The USA EB5 investment visa can be beneficial as it grants access to the U.S. education system, the right to live, retire, work and study in the USA, the ability to receive investment back upon the completion of the project and residency for the investor, any children (under 21) and their spouse. The main applicant must reside in the USA for 6 months per year.
USA E2 investor visa
Certain countries such as China, India and Vietnam now face lengthy retrogression delays through EB5. An effective alternative to the EB5 is the E2 visa. Investment must be “substantial” but in practice is far less than the EB5. The E2 can only be obtained by citizens of countries holding an E2 treaty with the USA. This includes options such as Grenada and Turkey. Investment for citizenship in these countries entitles the holder to apply for an E2 visa, providing they reside in the treaty country first, for a minimum of three years. The route to residency can be faster and cheaper than EB5 in some cases, although a key difference with the E2 is that it is a non-immigrant visa meaning unlike the EB5 it cannot lead to a Green Card.
EB5 Regional Center
A new Regional Center Program for EB5 was signed into law by President Biden on March 15, 2022. The program will be in effect for over five years through to September, 2027. The new legislation is under consideration by USCIS and we hope to have guidance and importantly new EB5 Regional Center investments for client by mid 2022. The EB5 investment amount will start from $800,000.
As with the previous Regional Centre Program, proof of the funds being legally acquired must be given, the investment must be “at risk” and the investor must have no prior criminal record. A key advantage of the EB5 Regional Centre Program was the pooling of a number of applications into an infrastructure or real estate project that allowed investors to take a passive investment with the Regional Centre managing the necessary requirement such as job creation.
E2 Treaty Countries
The E2 visa remains an effective alternative to EB5 and can be obtained in a two step process by first obtaining citizenship in an E2 treaty country, residing in that country for three years, then applying for an E2 visa through investment in the USA. La Vida can facilitate both steps for our clients. The timescale can sometimes be quicker than the EB5 route for countries facing retrogression (typically China, India and Vietnam) and the investment is typically around $500,000 covering both the second citizenship and the US residency.
Green Card Investment
The EB5 visa is essentially a green card through investment. Investors are rewarded with a green card (after two years), although these are limited to 10,000 applicants per year with 5,000 of this total reserved for regional centres. Success rates for the Eb-5 can vary and will depend on the investment type, personal situation, legal representation, regional centre and other factors. The E2 visa offers residency through substantial investment in a business.
US Citizenship by Investment
Neither the EB5 nor E2 are themselves a citizenship by investment programme. However after obtaining a Green Card via the EB5 route applicants can apply for USA citizenship after a period of five years of Permanent Residency. A process known as Naturalization.
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Citizenship and residency programmes
A selection of alternative countries for residency and citizenship investment programmes to consider.
The process of completing a request for a Green Card through Investment can be both costly and confusing. There are several immigration and investment requirements that must be met. The Green Card through Investment Application Guide was developed to help a foreign national complete and file his or her own application for a Green Card. The Green Card through Investment Application Guide is a step-by-step guide to help you file your investment-based Green Card application as efficiently and quickly as possible. It includes application instructions, filing procedures, and all the required Green Card Investment application forms.
What’s included
- Eligibility for an EB-5 (Investor Green Card)
- Requirements for a EB-5 (Investor Green Card)
Green Cards through Investment (also called the Fifth Preference Green Card or EB-5)
are available to anyone who invests a certain amount of money in the United States by creating a business or expanding one that already exists.
The investor must be active in the management of the company.
A number of investors may join together in creating or expanding a U.S. business so that each applicant may qualify for an Investor Green Card through one single company. However, the individual investment of each applicant must still meet the minimum qualifying amount, and each investor must be separately responsible for the creation of new jobs.
Green Card Investment Annual Quota: 10,000 Green Cards are made available every year to qualified investors. Only the primary applicant counts toward the annual quota, not the accompanying relatives. Therefore, more than 10,000 persons can obtain Green Cards through Investment every year.