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How to Obtain a Green Card Through Real Estate Investment

There’s no doubt that immigration is still a hot-button topic in the political realms of the nation, but there’s still hope for non-US citizens willing to work and invest in the American dream. Specifically, foreign-born individuals can obtain a green card through real estate investment. To explain, a green card (aka, Permanent Resident Card) allows people not born in the US to live and work in the nation permanently. There are various ways to procure a green card, and one way is through the EB-5 Immigrant Investor Program or US Residence by Investment Program. The program was started in the early 90s and was meant to stimulate the American economy through investments and job-creating projects. However, before you start making plans for US residence by investment, you should know there are caveats to obtaining a green card in this manner. Keep reading for all the details you need to know about this method of obtaining a US green card.

What Is the EB-5 Immigrant Investor Program? 

In 1990, a branch of the US government known as the US Citizenship and Immigration Services (USCIS for short) created and implemented EB-5 as a way to boost the economy. It was intended to attract foreign investments that, ideally, created much-needed jobs and improved the economic environment for the nation.

This investor program is still in effect today, and you could potentially take advantage of it to get a green card through investment in real estate. But not just any real estate. It needs to be a property investment that generates jobs  – among other conditions – which we’ll talk about in a moment.

If all the requirements are met, a non-US citizen and their immediate family have the ability to apply for permanent residency in the United States.

Types of Real Estate You Can Invest In

Under the EB-5 program, foreign investors can choose to put their money into different kinds of real estate projects that meet EB-5 criteria. Common choices include commercial properties like hotels, office spaces, and shopping malls, which can create lots of jobs. 

Another green card through investment option is investing in residential properties, like apartment buildings or mixed-use developments, which also generate employment during construction and through property management. Some investors focus on infrastructure projects, such as hospitals or transit systems, which help the community and meet the program’s job creation goals.

Requirements for a Green Card Through Investment in Real Estate

As mentioned earlier, you can’t go out and buy any property to qualify for the EB-5 program because there are specific requirements that must be met. In terms of obtaining a green card for investors, general requirements must be met to qualify for the program, which include:

• Applicants must invest in a US business that generates or maintains at least ten full-time jobs for qualified US workers.
• The investment amount must range from $800,000 to $1+ million.
• The real estate investment must also be made in a TEA, which is known as a Targeted Employment Area. These are areas in the US that have higher-than-average unemployment rates and/or rural areas of the nation.

Steps to Secure a Green Card Through Investment

The requirements for receiving a green card through investment in real estate may seem pretty straightforward, but the process of obtaining a permanent residence card is slightly more complex. Here’s the down-low on the steps potential investors should take to procure a green card under the EB-5 guidelines:

Choose an Investment Project

First off, investors need to select a suitable real estate project that meets the EB-5 program requirements, which we touched on earlier. For example, it could be a commercial development property that generates and sustains the required amount of jobs for program eligibility.

Make the Investment

Once a real estate project has been selected, it’s time to invest. This is when the investor must transfer the required funds to the chosen enterprise (the seller). You should know, however, that this investment must be identified for business use for operations and/or development.

File Form I-526

Now, it’s time to file an I-526. This is a petition that states the investment meets all the requirements, and it must be approved by the USCIS. 

Receive a Conditional Green Card

If the I-526 petition is approved, the investor can then apply for a conditional green card, which permits the investor and their immediate family (one spouse and dependent children under 21 years of age) to work and reside conditionally in the US for two years. 

File Form I-829

90 days prior to the two-year expiration of the conditional green card, investors need to file an I-829. This is a petition that shows proof that the real estate investment has met the EB-5 criteria after two years. If all requirements are met, the conditions are removed from the temporary green card.

Paperwork and Documentation

As an investor, you’ll need to present a number of documents to the government to get the process rolling. These documents might include things like a solid business plan, financial statements, and proof that your investment is viable for job creation and job sustainability.

Rules and Regulations

As with anything government-related, the USA investment visa program is controlled by specific rules and regulations. These are intended to make sure investments result in actual economic benefits to the US. Consequently, investors need to continue to meet the long-term requirements of the USCIS. Such requirements may include meeting deadlines when reporting the ongoing progress of the investment property.

Costs and Investment Amounts

We touched on this a bit earlier by citing that EB-5 regulations require investors to sink anywhere from $800,000 to $1+ million into a USCIS-approved targeted employment area. However, additional costs such as legal fees, application fees, and costs associated with the chosen project must also be considered. Therefore, it’s wise to budget for these expenses when prior to undergoing the process of obtaining a green card through investment in real estate.

Learn More About US Residency Through Real Estate Investment

So, is getting a green card through investment in real estate an option for you? In a nutshell – it could be – if you meet the requirements. While it’s true this process might appear complicated, there are many ways in which you can simplify the whole ordeal, and these steps are a great way to start you in the right direction. Check out our FAQs for more information, and you should also investigate the USCIS website for more details to make sure you are eligible for the EB-5 program.

Frequently Asked Questions About Green Card Through Investment in Real Estate

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