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How does an EB5 green card work?

New York, NY |
Filed under: Immigration

Do I need to invest the $500k or $1 million from the start or can I invest $200k and show how I plan on investing the remainder? I plan on investing over a million but don't plan on doing it as an initial 1 million for business reasons. Can I invest the $200k and put the remainder in an escrow as a showing of good faith?

Attorney Answers 3


The full amount does not have to be invested prior to applying for residency. However, investor-based residency is a complicated case and retaining an immigration attorney is a necessity.

A foreign national cannot just SAY that they will invest more as some undetermined time later. That is insufficient and the case will be denied.

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EB5 cases are extremely complicated. You need to retain an experienced immigration attorney to review all the facts, advise you, and file the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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For EB-5 purposes, it is not necessary that you immediately invest the threshold amount. However, there are many issues that one should consider when investing with immigration considerations in mind (e.g. job creation requirements). Click on the links below for more information on immigration related investing. I strongly suggest that you consult with an attorney experienced with EB-5 issues in order to avoid making a costly mistake.

While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.

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