Investment Questions

How do I get a green card through investment in the USA?
The EB5 process is commenced when the investor files a petition, Form I-526, with the USCIS (US Citizenship and Immigration Services). The petition and supporting documentation must demonstrate EB5 eligibility. The investor invests a specific amount (1million or 500K USD) in a new commercial enterprise. After approval, initially you receive a green card with a validity of 2 years. A conditional permanent resident receives a green card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires.

Do I need to create jobs through my investment?
Yes. The investor needs to create 10 full-time jobs within the 2-year period following the approval of the immigrant petition (period of conditional residency). The jobs should be only for US citizens, permanent residents, and certain other limited categories. But if the investment is in a regional center, indirect or direct job creation is allowed.

Indirect jobs are actualized in businesses and commercial enterprises that are associated or affiliated with an EB-5 Regional Center. Indirect jobs are typically created within businesses that supply services or goods to the EB-5 project in question.

What constitutes ‘investment’ for EB-5 purposes?
Invest in a new commercial enterprise. The enterprise must be “new,” i.e., started after November 29, 1990, the date the law was enacted.

Any for-profit entity formed for the ongoing conduct of lawful business may serve as a commercial enterprise

“New Commercial Enterprise” does not include noncommercial activity such as owning a personal residence.

How much do I need to invest?
Usually 1 million USD, $500,000 in cases of investment in “targeted employment areas,” which are either rural areas or areas which experience unemployment of at least 150 percent of the national average rate.

What is source of funds?
The law requires proof that capital is invested by the petitioner. Thus, an investor-petitioner should present evidence that traces capital from the enterprise back to the petitioner as a source.

The USCIS also has required that a petitioner present evidence that the source of the capital is a lawful one. Regulations specify evidence requirements such as five years of income tax returns. The USCIS also has required evidence of the investor’s level of income. Where the investor’s funds have been received by gift or loan, substantial evidence concerning the bona fides of the donor or lender typically is required.