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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I’ve worked with a lot of attorneys along my immigration journey but none have come close to the ease, organization, results of Ashoori Law!I’ll definitely be referring any of my fellow ex-pats over to the extremely capable team at Ashoori... Law.Thank you guys for just a stress free process!read more
Casa Guzmania
18:11 01 Jul 22
We worked with Ashoori Law to apply for E2 status, and it was approved on the first attempt with no request for additional information or any pushback! Big kudos to Christina and Lahaina, who were incredibly responsive, supportive, and patient... throughout the process. We highly recommend Ashoori Law for any immigration process, and we can confidently say that they are experts in E2 applications.read more
Salman Rauf
16:18 29 Jun 22
Excellent team and services.Always responded to my concerns whenever i wrote to them. Would highly recommend for Immigration servicing.
Lung Lee
00:40 28 Jun 22
Great work! Professional, always willing to help and quick response.As a newcomer to the U.S., they settled me a lot of questions.They professionally advise which kind of visa is most suitable for you. And, guide you step by step throughout the... application process. Finally, I got the approval of my visa with no RFE.I'd like to special thank to Lahaina for her caring. Also, Rohit's referral to such a great team.I do highly recommend Ashoori Law to all immigrant and non-immigrant applicants to the U.S.read more
Omolola Baidoo
00:34 28 Jun 22
I had an awesome experience with this law firm. My papers was processed promptly. My phone calls was responded to promptly. No regrets. Money well spent.I will definitely recommend Ashoori law firm to friends and families who needs their services.... Thanks for everything.read more
Anja Kahn
17:28 27 Jun 22
My I-140 for the EB2 NIW has been approved!! Thank you Michael and Lahaina of Ashoori Law, and thank you USCIS!Prior to meeting Michael Ashoori, I had frustratingly worked with 3 other immigration law firms over the previous 6 years to ensure my... business, my children and I were always in authorized and lawful status. With these firms I felt not quite versed on the in-depth immigration picture, not sure of the chances of success of any particular route, uncomfortably wondering if the advise and steering was the right path for me and my family for the long term, or was it short term fixes thereby requiring further filings in the future. I paid some pretty hefty fees too, and often was left wondering if the option I was being recommended was the best option for me or was it the most lucrative for the law firm.Michael was a breadth of fresh air!Whilst researching my queries online I found Ashoori Law through the videos Michael posts - the videos were focused, informative, and dealt with pretty much the whole picture in respect of the topic he spoke on. The tone was chatty and Michael came across as very approachable, conveying the law in terms I could understand, without losing the detail. After watching the first video, I searched for more and binge watched all I could find before reaching out to Michael!During my initial consultation I felt so reassured by not only Michael's extensive immigration law knowledge, but also the way he explained options. Everything he said made so much sense, was applicable to my circumstances, and he laid out my options clearly, giving honest evaluation as to the process, the timeline, and chances of success. He didn't do it piecemeal or in isolation, he looked at the full picture as to how my application would affect my family in the long term - definitely an important factor when kids risk being aged out at 21. Michael looked at my background and was confident that I could be successful in the EB2 NIW category. His analysis of how I met the requirements and what I would need to do to evidence my experience, knowledge and expertise gave me the confidence to proceed in the belief I merited the category.The team at Ashoori Law handled the whole process so smoothly and efficiently, with full disclosure at every stage, and it was a speedy filing - under 30 days!!Ashoori Law have a fantastic online portal, where the whole application is managed - you can monitor step by step what is required, there are user friendly forms for information gathering, and easy uploading of evidence documents. Messaging is handled securely through the portal, enabling the whole application history to be in one place, readily accessible for any future query.Having filed, Ashoori Law didn't go silent on me! With the delays in processing at USCIS due to Covid and post Covid challenges, Michael and Lahaina were always happy to have an update discussion and keep me reassured - and sane!I leave this review because Michael's evaluation of what was required for success in my immigration journey has made a phenomenal difference to my life, for which I am forever going to be grateful. I leave this review as an experienced immigration applicant who has tried some of the most well known firms in the country - firms that promised the world, charged the earth, and generally failed in the objective they were contracted for. Michael delivered on his promise. Thank you Michael.read more
Kely Aliny Neves
12:30 27 Jun 22
Foram ótimos profissionais, sempre prestativos e tudo deu certo sem desafios. Recomendo!
Ramneek Lamba
02:28 23 Jun 22
I would highly recommend Ashoori law to anyone who is looking for a professional advice on immigration. Right from the beginning they explained me the procedure in detail. Lahaina was super helpful at all stages of the process. They respond quickly... and professionally. Anyone looking for immigration advice will not be disappointed. Thanks again!read more
Tommy T Chai8.
06:44 21 Jun 22
Thank you very much for this advice.I thing that next month i will submit this document. 🌷🌷
Rahila Samreen
02:07 17 Jun 22
Michael Ashoori is an excellent immigration lawyer. He has a great team. His team response is so quick. My daughter is also doing her immigration case with him. And definitely I will appoint for my son next. He is a very trustworthy lawyer and you... will never feel that your money is wasted. I definitely recommend to everyone. Thanks to Michael Ashoori that you assisted me every time .read more
Marina
00:45 17 Jun 22
Very great! Love, love, love Ashoori Law and his team. They make you feel like family. This is the team that will definitely get the job done. Very friendly and professional!
Vivek Sharma
00:54 16 Jun 22
The team at Ashoori Law did a wonderful job in helping me get my H-1B Visa approved on time. Special thanks to Lahaina and James who were always communicative throughout the process and ensured all information and documents were in place before... submitting the petition. I would highly recommend their services.read more
Erika Fifield
18:41 15 Jun 22
The Ashoori Law team was awesome in providing my company with employer sponsored visa services. They guided us through the entire process, were very professional and were able to file and get us the needed approval in a timely manner. As an HR... manager, I highly recommend Ashoori Law for your business or individual immigration needs. James, Milena, and the entire team were very helpful and made the process very simple with quick results!read more
Ross Hitchins
06:36 10 Jun 22
Our E2 visa request was professionally handled to a successful outcome. I would recommend this Law company for anyone who is trying to obtain a US visa. Good Job! Thanks Steve Hitchins
Romard Palmer
15:05 08 Jun 22
I had the opportunity to work with Ashoori Law to apply for my Re-entry permit. i must say it was seamless, all the work was handle by the staff at Ashoori Law. The service they provided was extraordinary, the staff are very knowledgeable and... provides timely feedback and is willing to spend countless hours on phone calls to explain any situation/issues you might have. I highly recommend this firm for any legal matters regarding immigration services. I will be using them for all my future needs moving forward. It was a great pleasure working with Ashoori Law, I look forward to work with them again.read more
Sandeep Kaur Pannu
02:02 08 Jun 22
I have watched all your videos, they are always great…. I read your blog online and it was very informative and after reading the blog I felt, you and your teams knows in depth about immigration that’s how I approached you guys for EAD. And it all... turned out so great!Thank you for getting us EAD approval in hand! So all five stars from our side.Thank you!read more
Kevin Kovacs
21:03 07 Jun 22
The Ashoori Law team has done a tremendous job representing me and successfully putting together my application. They are very knowledgable, organized, thorough, and straightforward. The team knows what it takes to get cases approved. Ashoori Law... has earned my trust and I will engage them in future cases. Highly recommend!read more
Juan perez don
01:10 02 Jun 22
Hola! Gracias por la asesoría, mi caso salió exitoso, mi cambio de status fue aprobado Gracias por la asesoría y el acompañamiento.
Malwa Truckline
03:04 01 Jun 22
We would like to thank Micheal and Team to work on a our case.which really went smoothly and made easy by them.we highly recommend Ashoori Law Firm and it was pleasure doing business with them.
Jarson Laguerta
21:04 31 May 22
I would highly recommend Ashoori Law office for the fast and reliable visa process. The staff are also accommodating , on point and on time, they're are very fast when it comes to processing my visa.
sunaina rayamajhi
22:42 27 May 22
Applied my marriage based green card from here and everyone was really friendly. Whenever i had any questions they were available to answer it. I really loved the service here. I will definitely recommend this place to family or friends if they ever... need any immigration service.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.