How To Get a EB-5 Green Card (Investors)

Todd Eric Gallinger

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Immigration Attorney

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Posted over 3 years ago. 1 helpful vote

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How To Get a EB-5 Green Card ?

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States. In general, "eligible individuals" include those:

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Who establish a new commercial enterprise by:

creating an original business; purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a trouble business that has lost 20 percent of its net worth over the past 12 to 24 months; and

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Who have invested -- or who are actively in the process of investing -- in a new commercial enterprise:

At least $1,000,000, or At least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experience unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and

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Whose engagement in a new commercial enterprise will benefit the United States economy and:

Create full-time employment for not fewer than 10 qualified individuals; or Maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

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Application process Step 1. Immigrant Petition by Alien Entrepreneur.

File form I-526 with supporting documentation which clearly demonstrates that the individual's investment meets all requirements, such as: Establishing a new commercial enterprise, Investing the requisite capital amount, Proving the investment comes from a lawful source of funds. Creating the requisite number of jobs, Demonstrating that the investor is actively participating in the business; and, were applicable, creating employment within a targeted employment area.

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Step 2. Obtain Conditional Resident Status?

Once the Form I-526 is approved, immigrant investors may obtain status as a conditional resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status, if residing within the United State. Or

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Step 3. Permanent Resident Based on Investment

In order to become a lawful permanent resident, eligible investors must file a Form I-829, Petition by Entrepreneur to Remove Conditions. Form I-829 must be filed within 90 days before the second anniversary of an Alien Investor's admission to the United States as a conditional resident.

Additional Resources

United States Citizenship and Immigration Services

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