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You can get a USA green card by investing money in a US-based business.
You can even start your own business and if you can create 10 jobs, you will be eligible for a green card.
You are allowed to buy an existing USA business and still be eligible for an EB5 green card.
EB5 Investment Rules
#1 Investment Amount
- Rural Areas or targeted employment areas (Urban high unemployment): Investment of $800k required.
- Urban Area: A $1+ million investment is required to be eligible for an EB5 Green card.
The Immigrant Petition by Alien Investor (Form I-526e) petition form is required to file your application.
#2 Priority Date Retention
If you have multiple approved EB5 petitions, then you can use the earliest priority date, which is the date on which the petition was properly filed.
Also, you cannot use your EB2 or EB3 PD date with the EB5 application. Basically, you cannot port your EB1/2/3 green card queue date to the EB5 application.
Example:
If you have filed a new EB5 application due to circumstances beyond your control (for instance, DHS might have terminated a regional center associated with the original petition), or might choose to do so for other reasons.
#3 Managerial Control / Money at Risk
Your investment for the EB5 Green card should be at risk, meaning that it is invested in a real business. No risk means that USCIS will reject your application.
Example:
You cannot keep money in a bank account or a Robinhood stock investment account and then use it for EB5 investment.
#4 Full-time jobs for 10 workers
Your company should create 10+ full-time jobs in the USA for U.S. citizens, lawful permanent residents (Green card holders), or other immigrants lawfully authorized to be employed in the United States.
You can count the jobs for these people:
- US citizen
- Green card holder
- Conditional resident (Conditional green card holder)
- Temporary resident,
- Asylee,
- Refugee,
- A person residing in the United States under suspension of deportation
You cannot count the jobs where these visa holders are working:
- H1B
- H4 EAD workers
- L1/L2 visa workers
- L2 EAD workers
- F1 OPT workers
You cannot count yourself, your spouse or your family members to satisfy this 10-employee requirement.
New Business
There are strict rules for starting a new business or buying an existing one if you want to use it to file your EB5 Green card.
The business should be run for profit. Non-profit companies are not eligible for EB5 green cards.
This company can be run as:
- A sole proprietorship
- Partnership
- Holding company and its wholly owned subsidiaries (provided that each subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business);
- Joint venture
- Corporation
- Business trust
- Limited liability company (LLC)
- Other business entities, which may be publicly or privately owned
FAQ
You cannot count 10 jobs for EB5 if you hire H1B workers on all those 10 jobs.
You can certainly hire H1B or H4 EAD workers but you cannot count them for your EB5 green card application.
There are various ways to collect money for EB5 green card including using your savings, 401K (if you are working in the US), personal loan, car loan, home equity loan, etc.
No, you cannot use your personal residence to show as a business investment for the purpose of claiming an EB5 green card.
But, you can take a HELOC (home equity loan) on your residence and then invest it in an EB5 business. This is allowed.
Need Help with EB5 Green Card?
Are you on H1B, H4 EAD, L1, L2 EAD, B1/B2, F1 visa and looking to get green card through EB5?
Total money required for EB5 investment practically?
Processing time for Green card
Most of the EB5 businesses are in the real estate sector (almost 95% of them) as job creation is easy there.
Many people start their own direct business in rural areas like opening a 7-11 gas station, a subway franchise, or opening their restaurant.
You can open a McDonald’s franchise too but then the 10 job creation rule applies.
