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BUSINESS IMMIGRATION
Getting a Green Card Throuigh Investment: EB5 Immigrant Visas
 
Foreign investors may qualify to obtain permanent residence in the United States, 'green cards', through an investment of US $1million dollars or less.  The amount of investment capital required depends on various factors, such as investing in a completely new enterprise, existing enterprise, troubled enterprise, or an economic development project of a regional center. 

Multiple investors may invest in the same enterprise at the inception of the enterprise.  The meaning of 'capital' is defined in case laws and the Immigration and Naturalization Act.  Certain loans, mortgage agreements, promissory notes, security agreements may be included in the minimum capital requirement while others are not.  It is critical to understand the difference.  Please consult with us before making any investments. 

Privileges for Investors

• If you qualify for a green card through investment, your spouse and children under age twenty-one may get green cards as accompanying relatives.
• You may live anywhere in the U.S. and stay as long as you desire
• You may travel in and out of U.S.
• After you have held your green card for at least five years, you and your family can apply for U.S. citizenship

 

Requirements for Application

• You must maintain a large business investment in the U.S.
• You must be able to provide your income tax return for the last five years
• You must be able to show that the money you invested was obtained through lawful means
• You must be able to show the source of the investment

Requirements to Maintain Green Card 
 
• You must maintain the business investment in the U.S.
• Your place of residence must be U.S.
• You may risk losing your green card if you travel abroad over 6 months
• You must pay U.S. income taxes on your worldwide income because you are considered as a U.S. resident
• If you commit a crime, your green card can be taken away and you can be deported from the U.S.
Laws and regulations governing this category of immigration is very complex, various ways to meet the regulatory requirements are briefly described below. Please contact us for further details.

Invest $1 Million In New Or Existing Commercial Enterprises
 
Permanent residence cards, commonly known as ‘Green cards’, are available to anyone who invests a minimum of $1million in creating a new U.S. business or expanding one that already exists. The business must employ at least ten full-time American workers. The investor, spouse and children cannot be counted among the ten employees, but the investor must be active in the management of the company.
 
Invest $500,000 in New commercial Enterprises In Certain Geographic Areas
 
Alternatively, the required dollar amount of investment may be reduced to $500,000 if the business is located in a rural area or in an urban area with an unemployment rate certified by the state government to be at least 150% of the national average.
 
 
Rural areas are defined as any location not part of a metropolitan statistical area or not within the outer boundaries of any city having a population of 20,000 or more.
 
Invest $1 Million In Existing Commercial Enterprises Or Troubled Enterprises
 
The law requires the investment to be in a completely new commercial enterprise. There is one exception to this rule. The investor or multiple investors may purchase an existing business if the total investment will increase either the net worth or number of employees by at least 40%.
 
The existing business must be large enough so the individual prospective immigrant investor will still meet the $1m minimum investment requirement or  create full-time employment for ten employees.  
 
If an existing business is in financial trouble, an investment designed to save the business will qualify for the green card. To qualify for a troubled business, the company must have been in business for at least two years and have had an annual loss of at least 20% of the company’s net worth. An investor purchasing a trouble business is prohibited from laying off any employees.
 
Invest $500,000 in Projects of Regional Centers
As an alternative to investment directly creating ten full time positions and in commercial enterprises described above, recent immigration laws allow investors invest in projects of active regional centers as limited partners and indirectly create ten full time jobs.
 
These regional centers are located in various states in the U.S. Each regional center has its own investment projects and is independent of one another. These projects are located in certain targeted employment areas of a State in order to promote economic development. Investors pay regional centers administration fee and expenses in addition to the investment amount required under this category.
 
Investment projects among regional centers are very different in nature and location, please contact us for the latest list of active regional centers and project details.