How to Get a Green Card Through Investment in Real Estate
As an immigration lawyer for investors and entrepreneurs, one of the questions that I get asked is: “Can I get a green card through investment in real estate?” To cut to the chase, the answer is: it depends.
In this guide, I'm going to discuss how to get a green card through investment in real estate. More specifically, I'm going to discuss the EB-5 visa (an investment based visa) and how to use this visa to get a green card by investing in real estate.
If you have any questions, feel free to email me directly at Michael@AshooriLaw.com. I'm very responsive to emails and would be happy to help you.
Overview:
1. Intro to Investment-Based Immigration and the EB-5 Visa
2. EB-5 Visa Requirements
3. Issue #1 With Getting a Green Card Through Investment in Real Estate Using EB-5: New Commercial Enterprise Requirement
4. Issue #2 With Getting a Green Card Through Investment in Real Estate Using EB-5: Job Creation Requirement
5. Solution 1: Purchase Real Estate to Operate Your Business on
6. Solution 2: Invest in an EB-5 Regional Center
7. Conclusion
1. Introduction to Investment-Based Immigration and the EB-5 Visa
- There are special visa classifications for people to get visas based on making an investment in the United States.
- The E2 visa and the EB-5 visa, are both visas issued to people based on making an investment in a US company.
- The E2 visa is a non-immigrant visa, so it does not directly lead to a green card.
- The EB-5 visa is an immigrant visa, so it does lead to a green card.
- The EB-5 visa is the closest way to get a green card through an investment in real estate. So, for purposes of this article, we will discuss the EB-5 visa.
2. EB-5 Visa Requirements
The EB-5 visa allows foreign investors to get a green card based on making an investment in a US company. The investor is required to make a minimum investment of $1,800,000. In some circumstances, an investor can qualify to make a reduced investment of $900,000 (instead of $1,800,000) if the investment is located in an economically depressed area called a “targeted employment area.” The investor’s investment must also lead to the creation of 10 full-time jobs for qualified US workers.
Here’s a list of the requirements to get an EB-5 green card:
1. Invest in a new commercial enterprise (we will discuss what this is below);
2. Invest a minimum of $1,800,000 in the new commercial enterprise. (Or $900,000 if the investment is located in a targeted employment area);
3. Investment must lead to the creation of 10 full-time jobs for qualified US workers;
4. The investment funds must have been obtained lawfully;
5. Your investment is “at-risk” meaning that it is subject to gain or loss. (The investment funds can’t just sit in an operating account, they should actually be spent);
6. You must engage in the management of the business.
Now that you know the requirements to get an EB-5 visa, lets go over the two main issues when it comes to getting a green card through an investment in real estate:
- New Commercial Enterprise Requirement
- Job Creation Requirement
3. Issue #1 With Getting a Green Card Through Investment in Real Estate Using EB-5: New Commercial Enterprise Requirement
New Commercial Enterprise
- To get an EB-5 green card, you are required to invest in a new commercial enterprise.
- A new commercial enterprise is a for profit business formed after November 29,1990 that is engaged in lawful activities.
The Federal Regulations define commercial enterprise as follows:
- Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to, a sole proprietorship, partnership (whether limited or general), holding company, joint venture, corporation, business trust, or other entity which may be publicly or privately owned. This definition includes a commercial enterprise consisting of a holding company and its wholly-owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business. This definition shall not include a noncommercial activity such as owning and operating a personal residence. [8 CFR Section 204.6 (e) ]
- The federal regulations regarding EB-5 clearly state that certain real estate investments are noncommercial activity and therefore would not meet the new commercial enterprise requirement.
- We will discuss a potential solution to overcome this issue below.
4. Issue #2 With Getting a Green Card Through Investment in Real Estate Using EB-5: Job Creation Requirement
Job Creation
As I stated earlier, to get an EB-5 green card, your investment must lead to the creation of 10 full-time jobs for qualified US workers. One of the main issues with making an investment in real estate is that this will most likely not lead to the creation of 10 jobs for US workers. We will discuss a potential solution to this issue below.
5. Solution 1: Purchase Real Estate to Operate Your Business On
To get an EB-5 green card, you are required to invest a minimum of $1,800,000 (or $900,000) in a US business. Your investment capital must have some sort of connection (or “nexus”) to the creation of jobs. One solution to overcome both of the issues specified above regarding the commercial enterprise requirement and the job creation requirement, is to start a business or invest in an existing business and purchase the real estate on which the business will operate.
I’ll explain how this works:
- You start a business in the US or purchase an existing business in the US to qualify for an EB-5 green card.
- Rather than leasing the commercial space that the business operates on, you purchase the real estate as part of your overall investment.
- In order for the investment in real estate to count toward your EB-5 minimum investment amount, you will have to show the connection between the investment and the creation of jobs. Your immigration lawyer can help you with this process.
- By purchasing the real estate that the business operates on, a large portion of your EB-5 investment would go toward the purchase of real estate.
- Your business will still have to satisfy the “new commercial enterprise” requirement as well as the other EB-5 visa requirements.
- If you have any questions about this process, email me directly at Michael@AshooriLaw.com
As you can see from the solution presented above, there is a way to get a green card through an investment in real estate.
This method is not exactly a traditional real estate investment. You will actually be required to operate a business and create jobs. Still, this is an option to should consider if you are looking for ways to get a green card by investing in real estate.
6. Solution 2: Invest in an EB-5 Regional Center
Regional centers are business organizations designated by the United States Citizenship and Immigration Services that sponsor various EB-5 projects. EB-5 regional centers gather investments from several EB-5 investors to fund their projects. Many of the EB-5 projects sponsored by regional centers are major real estate developments such as hotels and condominium complexes. By investing in a regional center, you become a partial owner of the project you decide to invest in. So, by investing in a regional center, you could very possibly be investing in real estate, depending on the project you choose.
- Keep in mind, the regional center is still required to meet all of the requirements of the EB-5 visa.
- One of the benefits of investing in a regional center is that the administrators of the regional center project will be in charge of complying with the EB-5 visa requirements.
- By investing in a regional center, your role is very limited and mainly involves making the minimum investment amount.
- To learn more about EB-5 regional centers, please see our EB-5 regional center guide.
Disclaimer: The above information is general information and is not investment advice. This is not a substitute for professional investment advice.
7. Conclusion
At this point, you should know that there are ways to get a green card through an investment in real estate. However, this process is not as simple as just buying a house, or a commercial building. The closest way to get a green card through real estate investment is through the EB-5 visa.
Even through the EB-5 visa process, you still must make sure that your investment meets the definition of a “new commercial enterprise” and that you satisfy the job creation requirements of the EB-5 visa.
Although these requirements can be challenging to satisfy, there are potential solutions, including:
- starting a business or investing in an existing business and purchasing the land you operate the business on;
- or investing in an approved EB-5 regional center
Please keep in mind that the topics discussed today are highly detailed and complex. You should consult with an experienced immigration lawyer early on.
If you have any questions regarding the EB-5 Visa or any of the information covered in this article, please send me an email directly to Michael@AshooriLaw.com. I'm happy to answer your questions.
Ashoori Law is a full-service immigration law firm focused on helping investors and entrepreneurs get visas to the United States. Got a question? Lets talk about it. My team and I would be happy to assist you.
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05:57 19 Oct 20
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highland cell24connect
18:45 12 Oct 20
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Life Mizrahi
19:30 08 Oct 20
I would like to thank Michael Ashoori and his wonderful team!We had a very complicated immigration situation that he and his team were able to clear up and accomplish our goals.The price was very reasonable and The timing was excellent.Thank... you for all of the wonderful work.read more
chaya mizrahi
19:17 08 Oct 20
We had a very difficult situation with our legal immigration status and thanks to Michael and his Wonderful team they were able to fix everything within a reasonable amount of time and for a decent price.We highly recommend this team of attorneys... for all of your Immigration needs and beyond.read more
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21:10 29 Sep 20
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Gene Boekhoudt
02:22 29 Sep 20
Lahaina Araneta of ASHOORI LAW was instrumental in assisting me to get my E2 Visa. The service was always on point and result driven. I was always well informed and prepared for my Interview.I highly recommend using the service of ASHOORI LAW.
Umesh Joshi
20:49 26 Sep 20
It was very nice experience and really helpful for all kind of services
Dmitry Bak
23:46 13 Sep 20
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Freuet Solutions LLC
22:49 08 Sep 20
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Ha Ka
17:48 02 Sep 20
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Tarek
11:57 02 Sep 20
Started working with Michael Ashoori firm around march this year during the pandemic, but despite these difficult times they guided me step by step and they were always there when ever i had a question or clarification.Lahaina was great, very... professional immigration attorney and of very help through out all the process.She guided me all the way till i got my L1 visa approved.They have this portal system while they post in details every single document needed to ensure the success of the petition. I just had to collect all these documents, upload them on the portal and then they take it from there, they prepared everything and filled up the petition. Their job doesn’t stop here since most of the petitions gets an RFE from USCIS, so they continue by preparing whats needed and resubmit again till i got the reply that my petition was approved.Over all, Michael and his team are very professional and they really know what they are doing and they stay updated with all the recent laws and regulations going on. Highly recommendedread more
Ahmed Gaber
21:44 03 Aug 20
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Vj M
03:58 14 Jul 20
Mike and his team helped me with E2. They were very patient and professional throughout the process which got significantly delayed due to Covid. The attorney assigned to me was very knowledgeable and available to advise even at a short notice.... Overall, I had a very pleasant experience and would highly recommend Ashoori Law. Looking forward to working together again in the near future.read more
Gustavo Mas
18:03 07 Jul 20
My experience with Michael is remarkable, he is very professional and has profound knowledge in immigration laws, he made me feel like I was with the right lawyer, so rest assure, if you decide to work with him, you are very likely to be successful... at your case.read more
Allen Pourkhomami
18:58 25 Jun 20
Great institutions like Ashoori law firm are made by great people, and there are no finer individuals than those who dedicated themselves to assist clients with different cases like mine. “HONEST & EMPATHETIC” are the words that come to mind when I... think of Lahaina and the rest of her amazing team! Highly professional and experienced immigration attorney who provided excellent service, demonstrating personal attention to all details of your cases. They show compassion by studying clients' stories.They certainly know the immigration process and help you fully prepare for the case and interview. They are always making sure that the whole process goes very smooth. I especially want to thank “Lahaina Araneta” attorney & Michael Ashoori. If you are a really nervous client like me, these people are always super patient and kind with you. If anyone is looking for immigration help, “Ashoori law firm” should be your very first choice for sure because they can really get things done!Working with Lahaina Araneta was absolutely great. She helped me through my entire journey without any hesitations. I always got answers whenever I had questions. I will definitely work with “HER” again on my next journey. She helped me a lot from the beginning of my case (naturalization case). She is attentive to details and very informative. She also quickly responded to my questions about my status. I can't say enough about her. I was completely dazzled by her communication skills and courage in communications with the USCIS office. I am blown away by her integrity and all the hard work she has done on my behalf. I will always be grateful for all of her efforts. Lahaina I just want to thank you for the excellent work you did as my immigration attorney. I would like to express my heartfelt gratitude to you for all the cares and concerns you have shown me, and for working tirelessly. if it weren’t for your analytical skills and knowledge, the matter wouldn’t have been settled by now. I knew you have a lot of clients, so your prompt responses and attention to detail really meant a lot to me. Having an experienced attorney like you on my side was a good sign that I was walking into the right path to win the case. Thank you Lahaina for your support during my N-400 application process, and for helping me to get the desired outcome. You don't know how much your passion impacts the lives of others.read more
Sandie Galloway
18:41 10 Jun 20
Lahaina was one of 4 lawyers that I had an Initial consult with. She was the only one who took the time to truly understand my case. She was patient with me and very responsive. The most important thing is she was the only lawyer who believed in me.... She has world class professionalism. We successfully got my visa and I couldn’t have done it without her. Will never use another law firm. Highly recommend. She truly cares about her clients and goes the extra mile.read more
Rw Right
17:39 06 Jun 20
Look no further. There are solid reasons why they get straight 5 stars in this review.They work as a (great) team and everyone is very knowledgeable and reliable. Micheal posts timely insightful topics on Youtube, in addition to answering all of... your personal questions quickly and responsively.read more
Morne Begemann
09:10 03 Jun 20
We recently needed the assistance of a law firm and due to the fact that we had limited time available to submit our application, many of the law firms that we contacted were not able to assist us. We then came in contact with Michael from Ashoori... Law. Not only did they assist us with our application, they also provided us with efficient, professional service. They really went out of their way to make sure that we meet the deadline and provided us with regular updates on the process. What a wonderful and stress free experience! I would definitely recommend Ashoori Law’s services to any potential clients.read more
larajnjkn essatrtc
00:03 16 May 20
Very helpful expert in immigration he help me out in temporary passporthighly recommended
Jackson Lee
02:08 15 May 20
Ashoori and Lahaina are very professional and detail. They responded to my questions with terms that I can understand without any hidden agenda.I wish I hired them when I first applying my E2. They are the lowest in fees and most professional... immigration lawyer that I had encounter. We go through all the process through phone and email without meeting in person and I got my E2 renewal approved.Way better then any immigration lawyer that I had meet in person in NYC.Will definitely stick with them and recommend them to all my friends and family.read more
Paula T. Lança de Lima
19:27 08 May 20
Michael was amazing!! He gave his full support all the way through with my process and he would always update me and guide me when necessary. Extremely satisfied with his work. (real client)
persia falcon
21:00 05 May 20
Michael and his team were experienced, responsive, knowledgeable, and honest. I would recommend them to my friends.
Vergel Cornelio
02:15 02 May 20
Michael's law firm is compose of professionals who are working more than the sake of their clients. They care on their clients with their situation and help without limitation. They attend to all questions timely and return with immediate solutions... to secure all will be resolved and all worries were eased. I highly recommend and refer this firm to all related US re-entry and immigration concerns.read more
Brandon Kim
09:17 01 May 20
Utilizing the services of Ashoori Law has been a pleasure and an outstanding experience. I highly recommend Ashoori Law to anyone who needs immigration assistance. With the help of Ashoori Law my spouse and I were able to get our immigration... documents seamlessly and without no issues. Ashoori Law is very customer oriented and from Day 1 is always available for you if you have any questions or concerns. Going forward, my spouse and I definitely plan to use Ashoori Law for future immigration services.read more
Divina Chingcuanco
01:33 29 Apr 20
Michael Ashoori is reliable and responds to inquiries with very short waiting time. His law firm handled my travel document efficiently even if it was within a very narrow window. He has kindly mailed my travel document in the most expeditious way... possible. I will definitely engage his services again if I need this type of legal service.read more
Jerome Berniere
00:04 25 Apr 20
Michael and his team are great! I had them recommended to me by my community who used them. Starting from an initial consultation, to working on the paperwork, to submitting to USCIS, everything as been smooth without any issue. In addition, they... answered all the question we had - SUPER fast - or whenever we called them they were very responsive.read more
Richard Norton
03:17 24 Apr 20
I recently employed the services of Michael Ashoori and Ashoori Law to help with the lodging of a Re Entry Visa for my wife and myself. I am delighted with the result and the expediency with which Asoori Law handled our application.We now have... approval of our visas and couldn't be happier. One of the stand out aspects of dealing with Ashoori was the fact that I could tel or email Michael at any-time and would always receive a prompt response by return email. This personal connection with the company during the process made me feel I was dealing with a friend and that I could reach out to at any time I had a question, rather than being treated as another client. I can in all confidence recommend Ashoori Law for Immigration matters due to this wonderful experience and the way my application was handled. Sincerely. Richard and Judy Norton.read more
Beth Jinks
22:17 23 Apr 20
Ashoori Law handled my green card travel document renewal application professionally and got results faster than I anticipated. Their preliminary phone advice saved my family from unnecessary Transpacific travel, and their subsequent paperwork... management and guidance made the process much less daunting. Ashoori understand the nuances of a changing USA immigration system, and I highly recommend retaining them to navigate it with you. I've tackled similar paperwork alone before, but after this experience I'll be working with Ashoori again in the future.read more
Kuldeep Kaur
17:42 10 Apr 20
I had question about eb1 process and my alternatives to stay along with priority date timelines ie options to move over to another visa type like h1, to continue waiting for green card processing, all of my questions are very well taken by the... immigration consultant ( Karla Samayoa) , she has very strong hold on the processes and options available to candidates, i would certainly recommend her for immigration consulting on l1a visa and eb1 visa and green card application. I give her 5 startsThank youread more
Hansel Gonzalez
13:56 09 Apr 20
I reached out to Ashoori Law in order to obtain my US Re-Entry permit late last year. The whole team was friendly, knowledgeable and prompt to my many questions. Michael himself would answer any questions along the way after submission, which... assured me my case was important and on their radar. Having worked with various immigration lawyers in various countries I’ve worked at (6, so far), I know that is not always the case. I recommend to consider Ashoori Law for your US immigration needs, and I expect to reach out to them whenever I next need services in regards to US immigration.read more
ajay sharma
18:04 08 Apr 20
Michael and his team members are very professional and easy to work with. For my reentry permit application I was running bit tight on time but Michael helped all possible way to make the process smoother and faster.Their process of data... collection, fees etc are very streamlined and transparent.Michale was always approachable and very fast on his responses. He always made sure that I get the latest update immediately if their office heard anything about my case.In short, I highly recommend Michael and his team. You will enjoy working with them.read more
Tiyu Wang
14:27 18 Mar 20
Working with Michael was a pleasure from the beginning to the end. Through the experience of obtaining my re-entry permit, I got to witness first-hand his professionalism, expertise, and attention to detail.Some things that I really... appreciated:-Taking the time to work out the strategy for me, explaining the options I have and the solutions to potential situations that could arise.-Responding quickly and with well-thought out responses, when I emailed him with questions.-Being very meticulous (him as well as his staff) in ensuring the that logistics of my application were executed expediently and carefully.My case was not a big one, yet Michael behaved as if it were a big case. For that he certainly has earned my return business for immigration cases in the future, and I heartily recommend his services to anyone looking for a truly exceptional immigration lawyer.read more
Nello Trops
13:26 12 Mar 20
I have retained Ashoori Law for my immigration needs, I did work with a previous immigration attorney as well this is what I can say. The amount of information Ashoori Law provides to the general public by maintaining newsletters, blogs etc... sold... me, Ashhori Law takes the time to inform the general public and educate the general public who is interested in immigrated to the US that is of great value. After hiring Ashhori Law the process was smooth and clear, the response times are optimal. They are honest and are not just sitting around trying to make a quick buck when there's no hope. They truly advise you properly and are very transparent as well, no hidden fees. They were successful in filling my immigration needs and hands down I can recommend them to all my friends and contacts. Michael and Lahaina are professionals, they respond quickly and inform you quickly of any changes if any. I will definitely use them again in the near future. Thank youread more
emma Daniels
02:18 06 Mar 20
Karla was Very friendly to chat with and helpful
James Corcoran
14:38 05 Mar 20
I posting this for my wife in China VPN not workingI am so impressed by Mr. Michael Ashoori and will not hesitate to recommend him to you as one of the best immigration attorneys!!!For my case, I had an urgent timeline to apply for a re-entry... permit. To make it more complicated, I had multiple international travel plans during the application period. I reached out to quite a few attorneys for assistances. They either turned me down directly due to the time constrain or did not reply at all. On the contrary, Michael assured the feasibility of such an application during the first teleconference. Just as what he told me, all worked out perfectly under his coordination.To me, the following sets Mr. Michael Ashoori and his team apart from most of his peers:1) He is not only knowledge of the immigration laws and regulations but also highly familiar of the immigration authorities’ operation details. This is extremely critical to an urgent case since every step matters.2) He has the right AI system setup to monitor the daily workflows and handle the repetition workloads. Therefore, his team can focus on the key variables and client interactions efficiently.3) His fee is very reasonable and competitive.4) He cares about his clients as a friend. That is precious in a business world.You are in good hands if you pick Mr. Michael Ashoori and his team!read more
Humayun Tariq
08:09 05 Mar 20
I applied for the re- entry permit with Micheal Ashoori. I can say without a doubt, Micheal is the most helpful lawyer I have found there. What I love about Micheal is that he is really accessible to anyone, unlike other lawyers. He is always... available for a consultation call and clears out the queries patiently. He gives the best advice suited to the situation which has really helped me out with my planning.When I decided to apply for my re- entry permit with Micheal, he assisted me throughout the process. I just had to mail him the signed copy of the application and rest was handled by him and his team.Also, his team members, specifically Lahaina Araneta, are a joy to work with. They have been very responsive on e-mail even if it is late at night.Micheal, along with his team members, is very polite and never rushes an answer.I would definitely recommend everyone to work with Micheal if they need legal assistance in delicate matters such as immigration. He is the best you can get out there in terms of being responsible, responsive and accessible.read more
Sriram Akella
06:07 27 Feb 20
Worked with Micheal for applying reentry permits for my wife and myself. He prepared all the paper work and was ready so that we could file the day we landed in US. Very Friendly and answered all my questions with patience.Would definitely... recommend him for any immigration related work.read more
Michael Ashoori, Esq.
U.S. Immigration Lawyer
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.