EB-5 Investor Green Card Overview

 

The EB-5 Immigrant Investor Program, administered by USCIS, allows entrepreneurs, their spouses, and unmarried children under 21 to apply for a green card (permanent residence) in the United States.

 

Established by Congress in 1990, the EB-5 program aims to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress introduced the Immigrant Investor Program (or Regional Center Program), which sets aside EB-5 visas for investments linked to USCIS-approved regional centers that promote economic growth.

 

Eligibility Requirements

 

Investment in a New Commercial Enterprise

To qualify, investors must invest in a “new commercial enterprise,” defined as:

• Established after November 29, 1990, or

• Established on or before this date, but:

1. Reorganized or restructured to result in a new commercial enterprise, or

2. Expanded to increase net worth or employees by at least 40%.

 

Job Creation Requirements

 

Investments must create or preserve at least 10 full-time jobs for qualified U.S. workers within:

• Two years of the investor’s admission as a conditional permanent resident, or

• A reasonable time after the two-year period in certain circumstances.

 

Types of Jobs:

• Direct Jobs: Actual, identifiable jobs created within the enterprise receiving the investment.

• Indirect Jobs: Jobs created as a result of capital invested in a regional center-affiliated enterprise. Indirect jobs can only be credited when investing through a regional center.

 

Note: Job preservation applies only to investments in troubled businesses.

 

Capital Investment Requirements

 

Capital includes:

• Cash, equipment, inventory, other tangible property, cash equivalents, and secured indebtedness.

• The investment must not involve assets acquired unlawfully.

 

Minimum Investment Amounts:

1. General Investments: $1,000,000.

2. Targeted Employment Areas (TEAs): $800,000 for investments in high-unemployment or rural areas.

 

Important: Investment capital cannot be borrowed.

 

EB-5 Application Process

 

Step 1: File Form I-526 (Petition by Alien Entrepreneur)

• Process: A skilled EB-5 attorney prepares and files the application package, including proof of investment and funds transfer to a regional center or LLC for direct investment.

• Timing: USCIS processing typically takes 14 months.

• Commitment: If approved, the next steps begin. If denied, the investment fund is returned to the investor.

 

Step 2: File Form I-485 or DS-260 (Application for Green Card or Immigrant Visa)

• Process: After Form I-526 approval, the attorney prepares all forms for the visa application and submission. The investor attends an embassy interview conducted by a U.S. Consular Officer.

• Timing: This stage typically takes 6 months.

• Outcome: Investors receive a two-year conditional green card and are admitted to the U.S. as conditional permanent residents.

 

Step 3: File Form I-829 (Petition to Remove Conditions)

• Timing: Filed 90 days before the two-year anniversary of conditional permanent residency.

• Outcome: Upon approval, conditions are removed, and the investor and their family become permanent green card holders with the right to live and work permanently in the United States.

 

Program Length

 

The EB-5 visa grants:

• A two-year conditional green card, followed by a 10-year permanent green card.

• The green card is renewable indefinitely.

 

Rights and Responsibilities of Green Card Holders

 

Rights:

• Live and work permanently in the U.S. (certain jobs may require U.S. citizenship).

• Be protected under U.S. federal, state, and local laws.

 

Responsibilities:

• Obey all U.S., state, and local laws.

• File income tax returns and report income to the IRS and state authorities.

• Support democratic governance and refrain from illegal attempts to change it.

• Register with Selective Service if male and aged 18–25.

 

Maintaining Permanent Residence

 

You maintain permanent resident status until you:

• Complete the naturalization process, or

• Lose or abandon your status.

 

Ways to Lose Status:

• Intentionally abandoning residence, such as moving abroad permanently.

• Staying outside the U.S. for extended periods without showing intent to return (e.g., failure to obtain a reentry permit).

• Declaring “nonimmigrant” status on tax returns.

 

Reporting Loss:

USCIS notifies the IRS if you lose permanent resident status due to removal or abandonment.

 

Family Members

 

Spouses and unmarried children under 21 are eligible for green cards under the EB-5 program. Family members may apply concurrently with the principal investor and receive the same rights and responsibilities.

 

For more detailed information, consult INA Section 203(b)(5) and related USCIS regulations.