Dallas > Business Immigration In Dallas > EB5 Investor Green Card


Davis & Associates are your immigration attorneys of choice in North Texas including Dallas, Fort Worth, Plano, Frisco, McKinney and surrounding areas. We have clients all over DFW, Houston, the United States and the world.

Our attorneys provide expert legal counsel for all aspects of immigration law, including specializing in business immigration. Our attorneys assist with work visas, employer sponsored immigration and investor visas, such as the EB5 employment creation visa.

Our attorneys will walk you through every aspect of the EB5 investor visa process, including understanding the EB5 requirements and filing an EB5 investor green card application.

EB-5 Visa in Dallas - Free Consultation with Davis & Associates

How To Obtain a Green Through Investment

For many people, the easiest way to get a US Immigration Visa or Green Card is through business immigration or investment in a new commercial enterprise. High net worth individuals who would like to immigrate to the US on a permanent basis may qualify for permanent resident status through investment.

The program that allows for this is called the EB-5, or the Employment Creation Visa. Since this type of Business Immigration Visa may be new to you, we should dig a little deeper.

The EB-5 visa allows foreign investors, their spouses, and unmarried children under 21 years of age to obtain lawful permanent residency in the U.S. The program was created in 1990 to stimulate the economy and foster job growth. To qualify for an EB-5 visa, an investor must meet specific requirements.

Some kinds of investment that qualify an individual for the EB-5 visa program include:

  • New commercial enterprise investment of $1 million
  • Expanded investment in a commercial enterprise
  • Rural or targeted employment area commercial investment of $500,000

Click "Get Started" below to schedule a consultation and start your EB-5 Investor Visa application today.

Business Immigration Services in Dallas - Davis & AssociatesWhat is an EB5 Employment Creation Visa?

The basic requirements are that the investor be in the process of investing or have already invested US$1,000,000 (US$500,000 in some situations, explained below) in a new commercial enterprise and create at least 10 new full time jobs in that enterprise within 2 years.
The Employment Creation Visa, or EB5 Investor Green Card, requires that an individual invest at least $1 million in a new US commercial enterprise and create at least 10 new full-time jobs in that enterprise within 2 years. But in some situations, the investment can be as little as $500,000. It's best to work with an EB5 lawyer throughout the process.

EB5 Investor Green Card Requirements

For an individual to qualify for an EB5 investor green card visa they must invest in a new commercial enterprise in the United States. A commercial enterprise is defined as any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:

  • Sole proprietorship
  • Partnership
  • Holding company
  • Joint venture
  • Corporation
  • Business trust or other entity, which may be publicly or privately owned

Once established, the new business must create or preserve at least 10 full-time jobs for qualifying United States workers within two years of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.

Exception to the $1 Milllion Investment Requirement for the EB5 Investor Green Card

There are some exceptions to the $1 million commercial enterprise investment. One approach is by setting up the investment business in an economically challenged area. For example, you may contribute a lesser commercial investment of $500,000 in a rural area with less than 20,000 in population.

Another approach is for the investor to show that the area in which the investor will operate the investment enterprise is one of high unemployment, 150% of the national average. The data provided to establish sufficient unemployment must come from government sources.

Finally, an individual applying for an EB5 investor green card, or visa, can invest in a US Government designated regional center. A Regional Center is an investment company authorized by USCIS and other government entities to provide investment options to investors hoping for permanent residence through EB-5. The list of approved regional centers can be found on the USCIS website.

Regional Center investments allow for the consideration of economic impact on the local economy in the form of indirect employment. Reasonable economic methodologies can be used to establish sufficient indirect employment to meet the employment creation requirement.

Not all regional centers are created equal. Any investor considering investing with a Regional Center must be very careful to consider the experience and success rate of the company before investing. Also, an investor should work with investment, tax and other advisers to review the various offerings made by the company and consider risks, tax implications and overall portfolio effect before committing to a specific investment.

A Regional Center investment cannot be one that guarantees the return of the investment. The dollars invested must be at risk.

There are significant advantages to investing with a Regional Center, and we generally encourage this approach for these reasons. One, as mentioned above, is the reduced investment requirement of $500,000 compared to the $1,000,000 requirement through direct investment outside of an economically challenged area. The other is that the Regional Center investment does not have to result in the creation of 10 new full time jobs per investor in the same way as processing through direct investment.

Regional Center investments allow for the consideration of economic impact on the local economy in the form of indirect employment. Reasonable economic methodologies can be used to establish sufficient indirect employment to meet the employment creation requirement.

It is important that you consult with an EB5 attorney who is experienced in US business immigration law before filing petition or application with the government. Davis & Associates have experience in helping clients successfully navigate the EB-5 visa process.

Funding Your Green Card Investment

The basic requirement for investment is US$1,000,000. It does not need to have been invested to file the case with USCIS. The EB-5 hopeful must just be in the process of investing. Once invested, the funds must be at risk and committed to the investment business.

While the investment is generally cash, that is not required. Equipment and inventory to be used in the commercial enterprise can be counted towards the investment amount. Loan proceeds can also be used as long as the loan is secured by the investor personally or by assets that the investor owns and that are not being used in the investment business.

Funding the investment through loans secured by assets adds risk to the process, and the approach must be thoroughly reviewed by a licensed and experienced attorney before moving forward. The investor must be able to document every dollar being used in the investment back to its source, to ensure that the funds are legally his or hers and procured completely lawfully.

Additionally, gifted funds are acceptable as long as it can be established that the giver has freely given the funds and is not receiving repayment or anything else of value in return for the gift. Gifted funds do not have to come from a family relationship.

EB5 Investor Green Card Timeline

A successful application results in a 2 year conditional permanent resident status to allow the investor time to invest the funds in the U.S. enterprise and create the 10 new full time jobs.

Before the 2 year period ends, the investor must file an application to remove conditions on residence, showing the U.S. Citizenship and Immigration Services (USCIS) that the investment was made and that the 10 new full time jobs have been created.

If the investor can establish that these requirements have been met, USCIS should remove the conditions and send an approval with a 10 year permanent resident card, replacing the initial 2 year card. The status leads to the possibility for U.S. citizenship 5 years from the initial approval for conditional resident status.

At Davis & Associates, we are experienced helping our clients successfully navigate the EB-5 process. Contact us to discuss your questions about the process. We would be happy to help!