As a lawyer, the eligibility requirements for receiving a green card through investment immigration depend on the type of investor visa sought by the applicant. The most popular investor visa is the EB-5 visa. The following are the eligibility requirements for the EB-5 visa:
- Investment: The applicant must invest at least $900,000, or $1.8 million, in a new commercial enterprise located in the United States. The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years.
- Lawful Source of Funds: The funds invested in the enterprise must come from a lawful source, such as income from business, inheritance, gift, or loan from a financial institution.
- Business Creation: The enterprise must be a for-profit business that is established after November 29, 1990.
- Active Management: The applicant must have a policy-making role in the enterprise, either through day-to-day management or through participation on the board of directors.
- Lawful Presence: The applicant must be lawfully present in the United States.
- No Criminal Record: The applicant must not have a criminal record, as certain criminal convictions may make the applicant ineligible for the EB-5 visa.
- No Security Threat: The applicant must not pose a threat to national security or public safety.
It is important to note that while meeting these requirements may make an individual eligible for the EB-5 visa, approval is not guaranteed. Other factors may influence the final decision, such as the availability of visas for the current fiscal year, processing times, and the overall strength of the applicant’s case. For individuals seeking to apply for an EB-5 visa, it is highly recommended to consult with an experienced immigration attorney to assess eligibility and potential issues with visa approval.
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