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EB-5: GREEN CARD FOR INVESTORS

The EB-5 immigration category initially grants a temporary green card to foreign citizens who wish to invest in the United States, either setting up their businesses or buying a company or franchise. After two years, the investor can apply for a permanent green card, provided that he can demonstrate that his company is still active, profitable and following the rules of the EB-5 program for investors.

The minimum investment provided for the EB-5 program is $500,000 if the company operates in a Targeted Employment Area (TEA), a region of the U.S. with higher unemployment rates and a lack of investments. If the investor decides to set up his business in a more developed area, such as a large city and urban center, the investment amount rises to US$ 900,000.

EB-5 applicants must also prove that the resources of the intended investment come from legitimate (legal) sources and that the new business will directly result in the creation and preservation of at least ten full-time jobs in the United States.

EB-5 Frequently Asked Questions

  • What is the EB-5 investor program?

Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) if they: Make the necessary investment in a commercial enterprise in the United States and Plan to create or preserve ten permanent full-time jobs for qualified U.S. workers

  • Can I start my own business with the EB-5?

Yes. The EB-5 category is for investors who plan to do for-profit commercial business. Real estate investments and non-profit enterprises do not qualify for EB-5. To get an EB-5 visa, an investor can make a direct investment or invest in a regional center.

  • How much money do I need to apply for an EB-5?

As of February 2022, the minimum investment expected to apply for the EB-5 program is $500,000 if the business is built in a Targeted Employment Area (TEA), a region in the U.S. with higher unemployment rates and shortage investments. If the investor decides to start the business in a higher-developed part, such as big cities and large urban centers, the cost of investment rises to US$ 900,000.

  • Do EB-5 investors get their money back?

EB-5 investors may get the whole or part of their invested money back when their immigration and investment cycles are done. Many regional centers would include the terms and conditions of these exit procedures in the investment agreement or other documents. USCIS also requires that EB-5 investors maintain their investment “at risk” during the two years of conditional permanent residency.

  • How long does the EB-5 process take?

The EB-5 process takes about 6 to 8 months. Once your adjustment of status is approved or you enter the country on a valid EB-5 visa, you are officially a conditional permanent resident for two years. After two years, the investor may request a permanent green card to demonstrate that the company is still active, profitable, and under the rules of the EB-5 program.

Have you identified with the profile and criteria for the EB-5 category and want to invest and live legally in the US? Schedule an initial consultation with our licensed lawyers through our website: www.gondimlaw.com

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