Permanent Residency through Investments
The EB-5 Immigrant Visa is reserved to foreign nationals that make an investment of at least 1 million dollars ($1,000,000) in a Commercial Enterprise that employs at least 10 full-time workers that are either U.S. Citizens of Lawful Permanent Residents. If the investment is made in a rural area or an area of high employment, the investment can be of $500,000 only.
In the EB5 context, Commercial Enterprise means any for-profit activity formed for conducting any kind of lawful business including, such as:
- A sole proprietorship
- Holding company
- Joint venture
- Business trust or other entity
Among all the other Business and Investor Visas available, the EB-5 is the most desirable because it guarantees permanent residency (Green Card) in the United States for the principal investor, his or her spouse, and the unmarried children under the age of 21.
Once the EB5 petition is approved, the investor and his or her dependents are admitted to the United States as Conditional Lawful Permanent Residents. Ninety days before the expiration of the 2-year Green Card, the investor and his family will have to apply for removing the conditions of residency.
After five years of the initial admission in the United States as conditional permanent resident, an EB5 investor is eligible to apply for U.S. Citizenship.
How to get the EB-5 Visa
There are two ways of getting the EB-5 Green Card: through an approved Regional Center, or through a direct (independent) investment.
The Regional Center solution is for immigrants that are not interested in the management and control of a Company, and it is the best option for those making the investment for the exclusive purpose of securing a Green Card.
A direct investment can be made in any lawful, productive business activity that creates not less than 10 full-time jobs for Americans.
As a New York Immigration Attorney, I handle any kind of immigration matters, including Investment Visas, Employment-based Visas, Green Card petitions, and application for U.S. Citizenship. I am also one of the very few Immigration Lawyers in New York with firsthand experience with Business Visas and the immigration system in general, as I have held the E-2 Treaty Investor Visa status before becoming a Lawful Permanent Resident.
I offer complete solutions for foreign investors, from Business Plan review to Visa approval, and everything required in between.
If you would like a free evaluation of your immigration case, please fill out a contact form with as many details as possible. I am also available for in-person consultations at my office in New York City.