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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Kaushik Kuila
19:43 17 Sep 21
I have used Michael Ashoori's Law Firm for my mother's Green Card processing. I have found them very professional and responsive along the way, answering all my queries in a timely manner. I'll readily use them for any immigrations needs in future.
Hyunwook Shin
07:45 10 Sep 21
Michael Ashoori and his firm helped us navigate the complex filing process, answer any questions we have with care, and eventually attain successful approvals. Highly recommended!
Sharon Shanaya
21:53 05 Sep 21
My case was a bit complicated due to my ex-husband and his family but this firm dealt with my I-485 case so nicely and professionally. I was given only 2 weeks to lodge my application due to my messy divorce. This firm made sure my case was filed... before my conditional green card expires. Got my green card in 5 months even during this Covid time when everything takes ages to process. I Will recommend them to anyone who is having difficulty with immigration. Absolutely the best. Don't waste ur time with other attorneys.read more
H. George
02:10 01 Sep 21
Very professional, they have a very good system to prepare your case and make proper follow ups.My case was a little bit complicated and other places they were taking advantage trying to charge me a lots of money but Michael never did... that.Recommending 100% best lawyer ever.read more
Linda Bradley
06:06 25 Aug 21
Very happy with your services 🙏🏻🙏🏻🙏🏻
jarka sakacova
01:08 24 Jul 21
I have a very pleasant experience with Rohit from Ashoori Law , he was very patient, professional and had a strong knowledge and answered all my questions in detail. I would recommend highly to use Ashoori Law service.
samah elwakkad
15:36 23 Jul 21
I would like to thank Ahoori law office and all the team who was helping us to obtain our L1A approvalThis office Law is truly dedicated to clients, very responsive and professional, they helped me get through so many obstacles.Can't thank them... enough for their effortsIt's really amazing how they guide their clients until they achieve their goals.Thank you Michael for the amazing dedicated team and a special thanks for Lahaina who is really an amazing person and very knowledgeable and really helpful and supportive, also Christina who has helped me a lot through this.You're the best guysKeep it upread more
raechel schofield
22:07 22 Jul 21
Highly recommend Ashoori Law. My adjustment of status was a smooth and easy process. They are always happy to answer any questions you may have along the way.
Kishore Kumar
21:13 22 Jul 21
I highly recommend Michael and his legal team for being thorough professionals. I worked with Lahaina Araneta and Kelly Raposa. Both are so helpful. They made my adjustment of status to register permanent residence a smooth and seamless process. I... definitely recommend their service !read more
Manoj Gunawardena
13:46 22 Jul 21
My experience with Ashoori Law is very good, all of my questions were quickly answered and clearly. The staff was qualified, friendly. Specially I worked with Mr. Rohit Srinivasa . I can highly recommend them.
Mohammad Ahraz Hussain
19:55 20 Jul 21
The whole process of evaluating the case, submission of RFE and then correspondence was extremely well done!
Zed Karkar
15:06 20 Jul 21
A Very helpful and professional law firm. helped us out with our application.
Inger Nicolaisen
14:57 15 Jul 21
Michael Ashoori’s professionalism and expertise is unmatched in the industry! My experience with Ashoori Law is very positive, all of my questions were quickly answered making my adjustment of status a very smooth process. The staff was... unbelievably friendly and ensured the best amount of care was taken with my case! I can’t recommend them enough!!read more
Sadaf Nadeem
00:42 09 Jul 21
I highly recommend Micheal and his legal team for being thorough professionals. Their knowledge and expertise are second to none and their work ethic is unmatched.
kvshirazi
18:28 08 Jul 21
I had a great experience with Ashoori Law. Lahaina, Michael and Ehsan helped me to get my TN visa approved in no time.Lahaina is very responsive. Being able to reach out and talk to your lawyer/attorney is exactly what you need when you apply for... your visa...I definitely recommend them for any immigration services.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.