To obtain a green card through investment in a U.S. business, an individual must apply for an EB-5 visa. The EB-5 visa program requires the applicant to make a minimum investment of $900,000 ($1.8 million in non-targeted areas) in a U.S. commercial enterprise that will create at least 10 full-time jobs for U.S. workers within a two-year period.
In addition, the applicant must show that the investment is lawfully sourced, meaning that the funds are obtained from legitimate sources and not from illegal activities such as money laundering or drug trafficking.
The applicant must also show that he or she has management skills or will be actively involved in the management of the business. This can be demonstrated through business experience, education, or training.
The applicant must file an I-526 petition with U.S. Citizenship and Immigration Services (USCIS) and wait for it to be approved before applying for a conditional green card. Once approved, the applicant can either apply for a conditional green card while in the United States or at a U.S. embassy or consulate abroad.
It is important to note that the EB-5 visa program has a limited number of visas available annually, and processing times can be lengthy. Additionally, USCIS may require additional evidence or information during the application process.
If an individual is unable to meet the requirements for an EB-5 visa, other visa options may be available, such as the E-2 visa for investors from certain treaty countries, or the L-1 visa for individuals employed in a managerial or executive capacity by a foreign company that has a U.S. affiliate.
It is recommended that individuals seeking a green card through investment in a U.S. business consult with an immigration attorney to determine their eligibility and explore their options.
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