Pros and Cons of Applying for a Green Card through EB-5 Visas (2024)

While a lot of people are aware that you can get a US immigration green card through marriage, few are familiar with the process of getting a green card through investment. Those who seek permanent resident status should read on to be familiar with EB-5 visas.

Through the EB-5 green card process, an alien can get a permanent resident card by investing in a business enterprise. Such foreign nationals can enjoy lawful permanent resident status provided that the enterprise will create full-time jobs for at least ten individuals (who should be a US citizen, an authorized immigrant, or a legal permanent resident).

Under immigration laws, a foreigner (plus spouse and unmarried children) may apply for permanent resident status through an investment that will provide employment and boost the economy. There are, however, certain advantages and disadvantages that come with applying for an EB-5 investor visa.

• Even with several supporting documents, it can be difficult to have your EB-5 visa application approved by the United States Citizenship and Immigration Services (USCIS). Before you can immigrate and get a green card through investment, you must meet extremely narrow requirements. Qualifying could be quite a challenge.
• While immigration law does not mention any specific country, the USCIS office may take into account your home country. They can exercise full discretion when processing immigration papers of individuals from certain countries. You may have a hard time obtaining a green card if the country you reside in or are submitting from has a history of fraud.
• In this immigration process, you can choose where you would want to invest in the US, provided that you will actively engage in your business and the investments will be sustained for three additional years. After three years, you may opt to work for another company or simply stay at home. Clarify with your immigration attorney what you can and cannot do with your green card.
• Permanent residency will also be given to any qualified family member (spouse and any unmarried sons or daughter below 21). The conditional green card that is initially given will expire in two years. You can apply for renewal after the expiration date or, after a five-year residency in the US (including the two conditional years), you may apply for US citizenship.

The United States Citizenship and Immigration Services is a beacon of hope for certain individuals of a different nationality. The countless filings they process make it possible for a foreign national to change his or her immigration status and eventually become a green cardholder. Matters related to citizenship and immigration, however, should be taken very seriously. A wrong move may affect your chances of getting a green card. You may even have to deal with deportation proceedings and, worse, actually get deported.

When you do decide to apply for a green card through EB-5, get a trusted immigration lawyer who will help you with: initially filing the green card application, obtaining conditional resident status (through either consular processing or adjustment of status), and eventually removing conditions on permanent residence.

If you plan on immigrating to the US through EB-5 or if you need assistance on immigration forms and green cards, our law firm can help. For any questions on becoming a permanent resident, contact AmLaw Group right now.