US Green Card Through EB5 Investment

EB-5 Immigrant Investor Program helps investors and their families by making them eligible to apply for a Green Card (permanent residence) if they make the necessary and substantial investment in a commercial businesses and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers. After receiving your Green Card, you may choose to work for a different company or not even work at all.  

Enacted by congress, this program helps grow the economy by creating jobs and capital investments by foreign investors. Foreign entrepreneurs and their dependents are able reside legally within the United States which is not only beneficial for themselves, but also for the workers who are benefitting from their arrival due to an influx in job opportunities.

-Spouse and Children of EB-5 Investors

  • Unmarried children under the age of 21 years old and spouses are able to apply for a Green Card for permanent residence if:
    • They invest the mandatory investment in a commercial enterprise within the US
    • They are planning to create ten or more full-time jobs for qualified US workers that are seeking work

-Options When Applying for EB-5 Visa

Traditional Direct Vs. Regional Center

  • With the traditional direct option, you as an investor to directly invest into a business.
  • With the regional center option, you as an investor invest in a business through a government-approved organization instead of directly to the source.

-Requirement of EB-5

  • $1 million is the standard minimum investment amount required
  • $500,000 is the minimum investment amount for investment in a Targeted Employment Area, also known as “TEA”
  • The minimum investment prices requirement had been raised between $900,000 and $1.8 million as of November 2019

-Source of Investment

  • In order to avoid fraud or money-laundering or concerns involving security, the USCIS rigorously inspects the source of the applicant's money, as it is a large amount.
  • EB-5 investors must prove that their source of investment capital is lawful by providing all documentation necessary to address any concerns that may later come up.
  • Bank account deposits, stocks, and securities are all examples of lawful sources of investment capital. To truly prove the lawfulness of the sources, the original source must be displayed in all in investment funds as evidence.

-To Apply:

  • You must file and immigrant petition by foreign investor.

-If the petition is approved, you must either fill out:

  • File application for Immigrant Visa and Alien Registration with the U.S. Department of State in order to obtain an EB-5 visa abroad and eventually seek admission into the United States.
  • File a form application to register Permanent Residence or Adjust Status. In order to adjust status with the USCIS to a conditional permanent residence within the US, this form must be filed and approved. If approved, they will grant conditional permanent residence to the EB-5 investor and derivative family members for a two-year period.

-You must then file a form petition by the investor to remove conditions on permanent resident status. This must be done within the 90-day period immediately before the second anniversary of your admission to the United States as a conditional permanent resident.

-If the USCIS approves of your petition, they will remove the conditions from your lawful permanent resident status and any dependents you had included.

-Discuss your resources and rights with a lawyer to avoid mistakes and accusations of fraud. Attorney Ramona Kennedy has represented clients in EB-5 cases. 

It is advisable to seek legal guidance from our office today as we strive to help guide you with your specific case. 

Attorney Ramona Kennedy cares about your case and will fight for you.

You can contact attorney Ramona Kennedy Law Offices (Kennedy Law LC) for an initial consultation and case evaluation. The first consultation is free of charge. 

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Email: [email protected]

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