OTHER METHODS OF OBTAINING A GREEN CARD

EB-5 is a method of applying for permanent residence by making a large investment and creating jobs for at least ten U.S. workers.

No labor certification is required.

Most EB-5 cases require a one million dollar investment. In certain areas only five hundred thousand is enough. Also to do EB-5 you must be able to prove you legally acquired and paid tax, if applicable, on the entire one million dollars. The Immigration is very strict on this requirement.

In addition, EB-5 was established for job creation. You can't simply buy a business that has ten employees. You usually have to create ten new jobs. Sometimes more than ten is required. We can analyze your plans and let you know how many you need.

1. What assets count towards investment?

You may obtain the money by earnings, gift, inheritance or loan as long as you paid any tax that is due and the loan is secured by assets of the investor and not by assets of the commercial enterprise you are investing in. Joint bank accounts with persons other than your spouse can not be counted. Earnings of the business you invest in can not be counted as part of the investment. Contributing a trade secret does not count. You must invest in the business not loan money to the business.

2. Are multiple investors allowed?

Yes, provided that each investor applying under EB-5 has met all the requirements. Each EB-5 applicant must investment the required amount of money and each must create ten full-time jobs.

3. Do all employees count toward the ten jobs? No. Immediate family members of the investor do not count. Nonimmigrant workers (for example, H-1 or E-2) do not count. The jobs must be full-time. There are some exceptions to the requirement of ten but the rules are complicated.

The first step is to apply on form I-526 with supporting documents.  After approval, the investor can apply for permanent residency either in the U.S. or abroad.  Once approved the green card is valid for only two years.  The third step is to apply 90 days prior to expiration of the first green card to make the green card permanent.