EB5 Investment in the United States
Making an Investment in the U.S. Economy
For individuals who want to immigrate to the United States, making an investment in the US is often a great path towards attaining a visa. The most popular choice is the E2 Investment Visa, which allows business owners who are setting up or purchasing their own business to immigrate to the US on a renewable visa. While the E2 Visa is a great option that many of our clients utilize, it does not offer a permanent residency status in the U.S or a pathway to citizenship.
Clients who are considering or planning to invest $500K to $1 million in the United States are typically directed toward the EB5 investment based green card. The EB5 is a great option as it provides a pathway towards permanent residency and American citizenship.
What is an EB5 Green Card?
The EB5 is a green card is a great option for the high net worth investor. It rewards entrepreneurs and investors with permanent residency status, also referred to as green card status, for making a substantial commercial investment that benefits the US Economy.
EB5 Green Card Requirements
There are four options to choose from to attain your EB5 Green Card:
- EB5 Green Card by Investing $500K into a federally designated regional center (FDRC);
- EB5 Green Card by Investing $500K in your startup business in a targeted employment rea;
- EB5 Green Card by Investing $1 Million in your start-up business;
- EB5 Green Card by “The Business Rescue” or “Troubled Business” Program.
- EB5 Green Card by Investing $500K into a Federally Designated Regional Center (FDRC)
A FDRC is a public or private economic enterprise that has been pre-approved by US Immigration to accept EB5 investments from foreign entrepreneurs who are seeking an EB5 Green Card.
Typically, an FDRC is set up when an enterprise seeks to raise a substantial sum of money. In order to fulfill their capital requirement, these enterprises often look to foreign investors to contribute funds for their project. As a result, these entrepreneurs apply to the Department of Homeland Security for FDRC status, which then allows the enterprise to seek foreign investors.
When it comes to investing in an FDRC, the investor must contribute at least $500K and submit proof that it originated from a legitimate source.
By utilizing the FDRC option, you can apply for your green card knowing that the investment has already met all of the EB5 requirements. In addition, unlike the other EB5 options, you will not be required to show that your investment will create American jobs in the U.S. Lastly, because the regional center is an independently run enterprise, the investor will not have to be involved in the day-to-day operations.
EB5 Green Card by Investing $500K in your Startup Business in a Targeted Employment Area
A targeted employment area has been designated by US immigration either as a rural area or an area with high unemployment, generally t least 150% of the national average. For example, currently the national unemployment rate in the United States is 5%, and so 150% of this rate is 7.5%, meaning that the area in which you wish you invest must experience an unemployment rate of 7.5% in order to be designated as a targeted employment area.
By investing in a Targeted Employment Area, you will retain control over the day-to-day functioning of your investment. The investor will also be able to fulfill the 10 American worker requirement by building their very own team. Lastly, the investor will have a reduced investment requirement of $500K.
EB5 Green Card by Investing $1 Million in your Start-up Business
By investing 1 million dollars in your start-up business, you will have the freedom of setting up your business in the location of your choosing. In addition, you will be required to demonstrate that your business will create 10 full-time American jobs, which is usually achieved through a comprehensive business plan.
In contrast to the previous EB5 Green Card options, you will also have to show that you will be in a managerial or oversight role directing the course and overall functioning of the business.
While this option may have more requirements, it does provide EB5 investors with the most latitude in choosing when, where and how to make your investment in the U.S.
EB 5 Green Card by “The Business Rescue” or “Troubled Business” Program
A “troubled business” is a business that has existed for at least two years and is currently experiencing a net loss during the 12- to 24-month period before the EB5 petition is filed. This loss experienced must be equal to or at least 20 percent of the business’ net worth before the loss occurred.
When considering this option it is important to consult both an accountant and an immigration attorney to ensure that you meet each of the requirements for this option.
The EB5 Green Card – A Great Investment Option
The EB5 is a great Green Card option for individuals looking to invest a substantial amount in the United States. Aside from providing you with the security to remain in the United States, the EB5 also rewards the investors’ family members with green card statuses, as well. The processing times for this option can vary so contact our offices to start the process today.
We Can Help
If you think the EB5 Green Card is the best investment for you, we would love to hear from you and guide you through the process. Our EB5 clients are VIPs in our office and we will make every effort to help you achieve your immigration dreams. Contact our firm today and our specialists can walk you through the best solutions to securing status in the United States quickly and efficiently.
US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
Tel: 310 496 4292
Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.
Please note that nothing contained in this website or link therefrom shall be regarded as providing legal advice. Please contact us directly for legal advice specific to your situation. Thank You.
Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.
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