The EB-5 "Investor Golden Green Card" is a permanent residency U.S. visa
designed to allow permanent U.S. residency to foreign investors who are
willing to invest significant capital in American companies. To qualify for
the EB-5, a foreign investor must invest either $900,000 or $1.8M into a
U.S. company and create a minimum of ten full-time jobs for American
workers. EB5 allows eligible investor’s family members to obtain U.S permanent Residency and create a path to citizenship.
In addition to investing the minimum amount required, the business invested
in must create 10 full-time jobs for US workers. The business must also be a
commercial business that is for-profit. Real estate investments and non-profit
enterprises do not qualify for EB-5.
To get an EB-5 visa, an investor can make a direct investment or they can
invest in a regional center. Regional centers are specialized companies that
collect investment funds from multiple EB-5 investors to fund a large-scale
project such as a resort or apartment complex. A direct investment is any
investment not made in a regional center. Examples of direct investments are
if you start your own business or purchase an existing business.
The EB-5 visa is an immigrant visa classification, so it leads to a green card
for successful applicants. By getting an EB-5 visa, your spouse and children
can also get their green card as well.
The process of getting a green card through the EB-5 visa has 2 main steps.
You first become a conditional permanent resident for 2 years. You can
remove the condition from your green card after 2 years by showing that you
officially created 10 jobs for US workers, and that you kept your capital
invested in the US business for the entire period of time.
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2. What are the Benefits of an EB-5 Visa?
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Key Benefits of EB5 Visa
- Fast Route to US permanent residency (Green Card)
- Relatively cost-effective compared with other similar countries
- Creates jobs and investment in America
- Freedom to live, work, study and retire in the United States
- Eligible family unit can be included in a single investment
- While capital is at risk, there is a strong change on getting your money returned if
you conduct due diligence on your investment
- Regional Center program offers support with compliance
- Possible to make and manage investment yourself
3. What are the Requirements to get an EB-5 Visa?
To qualify for an EB-5 visa:
- You must invest in a "new commercial enterprise."
You must invest at least $1,800,000 in the new commercial enterprise. (You
may qualify to make a reduced investment of $900,000 if the investment is
located in a "targeted employment area.")
- Your investment must lead to the creation of at least 10 full-time jobs
for US workers.
- Your investment funds must be "at risk."
- The funds used for your investment must have been lawfully obtained.
- You must engage in the management of the new commercial enterprise.
4. What is a New Commercial Enterprise?
- A New Commercial Enterprise is a for-profit business, conducting lawful
activities, that was established after November 29, 1990.
- To qualify for an EB-5 visa, the company you invest in must qualify as a
New Commercial Enterprise.
- The activity conducted by a new commercial enterprise must be
commercial. So owning and operating a piece of residential real estate
won't qualify.
Businesses established on or before November 29, 1990 can also qualify as
a new commercial enterprise if:
- the investor substantially reorganizes or restructures the business; or
- if the investor increases the size of the business so that there is: a 40%
increase in the number of employees of the business; or a 40% increase
in the net worth of the business.
5. What Types of Businesses Qualify for an EB-5
Investment?
Most types of business entities qualify for the EB-5 visa including:
- sole proprietorships
- limited and general partnerships
- LLCs
- and many more
To qualify for an EB-5 visa, you can:
- Start a new business
- Invest in an existing business
- Buy an existing business
- or, Invest in a regional center
Reentry Permit Guide
If you are a United States lawful permanent resident (green card holder), you
have the right to live in the U.S. and travel freely outside of the U.S. However,
certain types of travel can put your green card at risk. That is why if you are
planning to travel outside of the U.S. for longer than 6 months, you should
strongly consider applying for a reentry permit. A reentry permit is a travel
document (similar to a passport) that helps protect your status as a lawful
permanent resident.
By birth, either within the territory of the United States or to U.S. citizen parents, or
- By Naturalization.
- In addition, in 2000, Congress passed the Child -Citizenship Act (CCA), which
allows any child under the age of 18 who is adopted by a U.S. citizen and
immigrates to the United States to acquire immediate citizenship.
General Overview of the Reentry Permit
A reentry permit is a travel document (similar to a passport) which allows U.S.
lawful permanent residents to reenter the United States after extended
periods of time spent outside of the United States. The reentry permit creates
a legal presumption that a lawful permanent resident did not intend to
abandon their status, despite being outside of the United States for an
extended period.
As a U.S. lawful permanent resident, you can typically travel in and out of the
United States without any issues. When returning to the U.S., in most cases, you would use your Form I-551 (Green Card) to re-enter the United States.
However, if you’re traveling outside of the U.S. for a year or longer, your Green
Card can no longer be used to re-enter the United States. You will either need a
valid reentry permit to reenter the United States, or alternatively, you will need
to apply for a returning resident visa (SB-1).
To understand these concepts, please note the following rights and
obligations of U.S. lawful permanent residents.
Rights and Obligations of United States Lawful
Permanent Residents
As a lawful permanent resident, you have several rights, including the
right to permanently live and work in the USA.
- Your status as a lawful permanent resident must be maintained.
- Failure to maintain your lawful permanent resident status may result in
your status being abandoned.
- One way to potentially abandon your lawful permanent resident status is
through extended periods of travel abroad.
Issues for Lawful Permanent Residents When Traveling
Outside of the United States
- As a lawful permanent resident, you are permitted to travel in and out of
the United States.
- However, depending on how long you are outside of the United States,
you may face certain consequences with respect to your status.
- Travel abroad for 6 months or less:
- If your travel abroad is for 6 months or less (180 days or less), you
should typically have no issues when returning to the U.S.
- Upon your return to the U.S., you are not treated as someone who
is seeking admission into the United States.
- You are not required to prove that you have been maintaining
your status as a lawful permanent resident.
- You can use your Form I-551 (Green Card) to re-enter the United
States.
Travel abroad for 6 months to a year
- If your travel abroad is for more than 180 days but less than a
year, you may be subject to inspection upon return to the United
States.
- You may be asked to prove that you’ve been maintaining your
status as a lawful permanent resident.
- You can use your Form I-551 (Green Card) to re-enter the United
States.
Travel abroad for 6 months to a year
- If your travel abroad is for more than 180 days but less than a
year, you may be subject to inspection upon return to the United
States.
- You may be asked to prove that you’ve been maintaining your
status as a lawful permanent resident.
- You can use your Form I-551 (Green Card) to re-enter the United
States.
Travel abroad for a year or longer:
- If your travel abroad is for a year or longer, upon return to the
United States, you must prove that you’ve maintained your status
as a lawful permanent resident.
- Your Form I-551 (Green Card) cannot be used to re-enter the
United States.
- You will either need a valid reentry permit to enter the U.S., or
you will need to apply for a returning resident visa (SB-1).
What Does a Reentry Permit Do?
- With a valid reentry permit, you can reenter the United States after
staying outside of the U.S. for up to 2 years without having to get a
returning resident visa.
- With a valid reentry permit, there is a legal presumption that you
intended to maintain your status as a lawful permanent resident despite
lengthy trips outside of the country.
What is a Returning Resident Visa?
If you are a lawful permanent resident, and you travel outside of the United
States for a year or longer without having a valid reentry permit, you will need
to apply for a returning resident visa, to reenter the United States. Your green
card cannot be used to reenter the country.
To get a returning resident visa you need to prove that:
- You were a lawful permanent resident when you left the United States.
- When you left the United States, you intended to return to the United
States.
- During your trip outside of the U.S., you maintained your intention to
return to the USA.
- Your extended stay outside of the country was for reasons outside of
your control.
Important Note Regarding Reentry Permits:
A reentry permit creates a legal presumption that you did not intend to
abandon your status as a lawful permanent resident. The government may
overcome this presumption by providing “clear, unequivocal, and convincing
evidence” to the contrary. So just because you have a reentry permit does not
mean that you are guaranteed to maintain your status as a lawful permanent
resident.
Please note the following benefits of a reentry:
If you are a lawful permanent resident, and you travel outside of the United
States for a year or longer without having a valid reentry permit, you will need
to apply for a returning resident visa, to reenter the United States. Your green
card cannot be used to reenter the country.
To get a returning resident visa you need to prove that:
- You were a lawful permanent resident when you left the United States.
- When you left the United States, you intended to return to the United
States.
- During your trip outside of the U.S., you maintained your intention to
return to the USA.
- Your extended stay outside of the country was for reasons outside of
your control.
Important Note Regarding Reentry Permits:
A reentry permit creates a legal presumption that you did not intend to
abandon your status as a lawful permanent resident. The government may
overcome this presumption by providing “clear, unequivocal, and convincing
evidence” to the contrary. So just because you have a reentry permit does not
mean that you are guaranteed to maintain your status as a lawful permanent
resident.
Please note the following benefits of a reentry:
Benefits of a Reentry Permit
Travel: With a reentry permit, you can leave the United States for
extended periods and reenter the country without getting a returning
resident visa.
Maintain Status: With a reentry permit, there is a presumption that you
did not intend to abandon your status, despite extended periods spent
outside of the United States.
Travel Document: If you are unable to get a passport from your home
country, a reentry permit may function similar to a passport.
- If you plan to visit a country that will not honor the passport of your
home country, you can use the reentry permit as a travel document
similar to a passport.
Situations Where You May Need a Reentry
Permit
Here are some common scenarios where a lawful permanent resident can
benefit from having a reentry permit:
- If you plan to stay outside of the United States for a year or longer. A
reentry permit can be used to enter the US without a returning resident
visa.
- If you spend a lot of time outside of the United States. . Even if you do
not stay abroad for a year or longer, spending extensive time outside of
the USA may be questioned at the border. Your reentry permit will create
a presumption that you did not intend to abandon your status.
-If you cannot get a passport from your home country. . A reentry permit
can work as a travel document (similar to a passport) allowing you to
travel.
Requirements to Get a Reentry Permit
Here are the main requirements to get a reentry permit:
- You must be either a lawful permanent resident or a conditional lawful
permanent resident.
- You must intend to depart the United States temporarily.
- You must file a Form I-131 and provide all necessary supporting
documentation.
- Your application for the reentry permit must be filed while you are in the
United States.
- You must complete the required biometrics (digital fingerprint and
digital photo) in the United States.
