By Maud Poudat | US Immigration Attorney
Posted: April 5, 2016
Two options are available for immigrant investors looking to invest from half a million up to a million dollars in the U.S. in order to receive their green card through an EB5. You can choose to either buy or start your own qualifying business, or invest the funds through the Regional Center (RC) of your choice. There are pros and cons to each option, so the choice depends on your preferences as an investor. With either option, the investor will receive a conditional green card valid for two years, which will have to be renewed prior to its expiration before the investor can be granted permanent residence.
In either case, the investor will have to prove the legitimate source of funds. The investment can take the form of a loan secured by personal assets, gift, inheritance, or personal funds emanating from the sale of real estate, personal property, business, savings or stocks. The U.S. Citizenship and Immigration Services (USCIS) will want to see documentation tracing the funds from its origin to the actual transaction evidencing the investments in the new enterprise.
Direct Investment: An investor opting for a direct investment will need to invest in a “for profit” new commercial enterprise, which is a commercial enterprise:
Note that enterprises established before November 29, 1990 can also be considered new enterprises if they have gone through re-organization or substantial change.
A commercial enterprise is any for profit organization that is a corporation, partnership, or limited liability company.
Regional Center: The investor will not set up a company in order to invest into a Regional Center project. The funds will be invested and placed into an escrow account which is held by a third party chosen by the RC, and subsequently disbursed to the RC.
Whichever option you would prefer, our office is prepared to assist you in the course of your application. Please do not hesitate to contact us should you have any questions about this or any other immigration process.