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.
Resources:
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Vincent Morrow
05:57 19 Oct 20
First of all, let me tell you why you should take my review seriously. I've lived in the US for almost 14 years, and I've always kept my visa status current. So, in the past 14 years, I worked with 4 immigration law firms. I've also met, exchanged... emails, and/or talked with countless other immigration attorneys and lawyers. So, I have A LOT of experience with immigration attorneys (by the way, you should also know that there is a difference between an attorney and a lawyer. You'd want an attorney if possible). And 3 out of the 4 firms who actually worked on my case(s) were excellent (that's why my visa status is still current… obviously haha). I don't want to talk about the one (out of the 4 firms) because that one was bad (thank god, he didn't end up working on my case). I only want to talk about the good ones, and in this case, it's Ashoori Law firm. And I'd like to tell you that, if you're looking for an immigration attorney and/or an immigration law firm, look no further! You have found it! You don't even need to read the rest of my review. Just go, sign the contract, and start working with them now, period!Okay, so you've decided to read further down the line? Fine. Here is why you should choose Ashoori Law. I'm a small business owner, so I know a thing or two about how a group of people get things going and get things done. And in order for something to go right, a lot of other things have to work right as well. Your dinner tastes good? The person(s) who cooked it must have done it right. And so does the farmer who helped grow the veggies you’re having now. Similarly, Ashoori Law must be doing a lot of things right because they just got my visa extended in 14 days! How great is that!?In addition, I’d really like to talk about the one attorney at Ashoori Law who worked on my case and got my visa extended. Her name is Lahaina Araneta (I also want to mention her paralegal, Daniel Chausow, who also did a great job on my visa extension. Moreover, there may be other people at Ashoori Law who helped with my case that I don’t know about). In short, Lahaina is one of the best immigration attorneys I have ever met. She is smart, thorough, resourceful, and positive. She is a genuinely good person who actually cares about immigrants and understands the hardships immigrants go through (let’s face it. The system is stacked against immigrants in every possible way, so having an excellent immigration attorney who truly cares about immigrants is crucial). She always answers my emails within 24 hours if not immediately. She is resourceful, and she has ideas. She knows how to present a case and get positive results (I mean… you may have a good case, but you still need to present it in a good way to get the result(s) you want). And like I said, if something works right, a lot of other things must be working right as well.Okay, I’ll stop here for now (I’ll update my review and write even more as time goes on). In short, just go and work with Ashoori Law. You’ll be glad that you did. Thank you!read more
eddie lavian
21:58 16 Oct 20
MR Ashoori was amazing!!help a lot with the case. Thank you
highland cell24connect
18:45 12 Oct 20
I give an excellent 5 star review to Michael Ashoori law firm and his team especially Lahaina Araneta for their excellent service for E-2 approval. The whole team is very professional and detail oriented and they provide response very promptly.... Along with being compassionate towards their clients, they provide amazing legal advice on immigration matters which helps clients get approval in quickest time possible. Hats off and highly recommend to others !!read more
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
Bhavna G
21:10 29 Sep 20
Phenomenal service! Rapid response and attention to detail. The team were extremely diligent with the entire process and kept me up to date through the process! We had lots of hiccups with USCIS and CoVid causing multiple delays. I was extremely... impressed by Lahaina and her team. Right until the very end they messaged me, shared updates and provided guidance on next steps. Phenomenal service and. I’ll definitely be using them again. Thank you to the entire team at Ashoori law! I couldn’t have gotten through this process without you!!I highly recommend for all your immigration legal needs!!! Thank you so much!read more
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
Michael helped us a lot preparing and sending all the needed documents to USCIS. We were very squeezed in time, and I even had to drive from SF to LA to deliver the originals in person, quicker than USPS or Fedex could do, to save one day. Michael... met me in his office at night time, so kind! During the entire period, Michael's team kept us informed about every single step they did, and finally we got all the needed approvals from USCIS. I highly recommend Michael, his company is a great example of how an ideal lawyer/attorney should work.read more
Freuet Solutions LLC
22:49 08 Sep 20
Mike reached out to me personally and gave a good and detail explanation of possible options to take in my case.I recommend you reach out to him with your immigration matters.
Ha Ka
17:48 02 Sep 20
I can only recommend Michael Ashoori for all your immigration needs and inquiries . Very proffessional. Thanks to Michael Ashoori and all his team. I will be back soon again!
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
Good office because he offer free consultation
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
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.