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How to Get a Green Card by Investing in Real Estate

If you’re looking for ways to get a green card, you may have heard that it’s possible by investing in real estate. While it’s true that you can do it this way, there are specific qualifications you must meet in order for this to work. The type of real estate investment that qualifies is extremely specific, and you can’t just start buying houses or commercial buildings.

In this article, we’ll look at how you can get a green card by obtaining an EB-5 immigrant visa and purchasing real estate in the United States.

What is investment-based immigration?

There are a lot of valid reasons to immigrate to the United States, and the U.S. government will grant special visas to people who make certain financial investments in the U.S.

There are currently two types of visas for investors:

  • The E2 visa
  • The EB-5 visa

While both of these visas are issued to investors, the E2 visa is a non-immigrant visa and won’t directly help you get a green card. The EB-5 visa, on the other hand, is an immigrant visa and will lead to a green card.

How to get an EB-5 visa

In order to qualify for an EB-5 immigrant visa, the first thing you’ll need to do is make a minimum investment of $1,050,000 USD in a new commercial enterprise that meets the following criteria:

  • The business you invest in is for-profit
  • The business was formed after November 29, 1990, unless you restructure or expand the organization
  • If you choose to expand an older organization, it will be deemed “new” and qualify if you increase the business’ net worth by 40% or increase the number of employees by 40%.
  • The business you invest in is engaged in lawful activities
  • You participate in managing the business, either through daily operations, formulating policies, or if you’re a corporate officer, board member, or limited partner
  • Your investment creates 10 full-time jobs for U.S.-based workers
  • You obtained the investment funds lawfully
  • Your investment is in use and subject to financial loss or gain just like any other business and is not just tucked away in an investment account

Alternatively, you may invest $800,000 if the business is located in a targeted employment area, which is either a rural area or an area with a high unemployment rate (at least 150% of the national average).

What real estate investments qualify as a commercial enterprise?

Since your real estate investment must be in a commercial enterprise, you can’t just buy any investment property, like an apartment complex or a bunch of single-family homes. The U.S. government specifically states that certain real estate investments don’t qualify as a commercial enterprise for obtaining an EB-5 visa. For example, residential real estate is considered a passive investment and doesn’t qualify. Not to mention, most traditional real estate investments won’t create 10 or more full-time jobs, which is one of the requirements. However, there are a few ways to make this work.

Option #1: Create a new business and buy the property
Option #2: Buy an existing business and the property
Option #3: Invest in a regional center

Let’s look at each of these options in-depth.

  1. Create a new business in the United States and buy the property

Your first option is to start a new business in the U.S. that meets all the qualifications for obtaining an EB-5 visa. However, simply starting a business won’t make you a real estate investor. What you’ll want to do is buy the property and also the land (when possible) from which your business operates. This way, you’ll be investing a larger amount of money in real estate, which will make you a property investor and help you satisfy the investment requirements.

Your options are pretty wide open in terms of what type of business you can create as long as it meets all the requirements. For example, many investors have created medical facilities, restaurants, retail businesses, assisted living facilities, and even media companies. You can form a corporation, sole proprietorship, general or limited partnership, a joint venture, business trust, an LLC, or any other for-profit entity. Any business will work as long as you meet the qualifications and all of your investment funds are either invested or placed in escrow before you file the I-526 petition.

  1. Purchase an existing business and buy the property

Similar to starting a new business, you can also buy an existing business as long as it was formed after November 29, 1990 with one exception. You can buy an older business if you restructure or expand the organization and increase the business’ net worth by 40% or increase the number of employees by 40%.

From there, everything else follows the same standards for creating a new business. You’ll want to buy the property where the business operates, and the land if that’s possible.

  1. Invest in a regional center

One of your best options is to invest in an EB-5 regional center simply because it’s easier. A regional center is a business designated by the U.S. Citizenship and Immigration Services (USCIS) to sponsor EB-5 projects intended to promote economic growth. These projects are funded by collecting investment money from numerous investors, and you could be one of them.

A large number of EB-5 regional center projects are large real estate developments, like condominiums, apartment complexes, hotels, and hospitals. When you invest in a regional center, there’s a good chance you’ll be investing in real estate if you choose that type of project. Currently, EB-5 immigrant visas are authorized under the Regional Center Program through Sept. 30, 2027.

The main benefit is that you don’t have to worry about running the entire business and meeting compliance regulations on your own. Your management role will be limited, and regional center administrators will be responsible for keeping their operations EB-5 compliant.

How your investment can lead to a green card

Investment to Green card

To summarize all the previous information, once a non-US citizen makes a qualified investment in US real estate, either in a regional center or a business, you’ll start the application process for an EB-5 immigrant visa.

But, unfortunately for us at Invest.net, most “qualified” purchases do not fall in the realm of foreigners investing in single-family residential homes, unless a foreigner is buying them in bulk and, as a result, adding jobs to the economy in the process.

When you purchase the building and/or land as part of your investment, you’ll need to prove the connection between that purchase and how it created jobs.

If you’re not sure how to show this connection, your immigration lawyer will help you every step of the way.

How to get an EB-5 immigrant visa

To apply for an EB-5 immigrant visa, you’ll need to file the EB-5 petition, which is Form I-526. This part of the process can take a few months. Once you’re approved, you can then file for a conditional green card, which will grant you and your derivative family members (your spouse and unmarried children under 21) conditional permanent residence in the U.S. for two years. After two years, you may apply to remove conditions and get permanent residency by filing Form I-829

Getting a green card by investing in real estate is simple, but not easy

The steps to getting a green card through real estate investment are simple, but the process isn’t easy. Unless you choose to invest in a regional center, you’ll need to be committed to running a business that will stimulate the U.S. economy, and you’ll need to play an active role.

Although traditional real estate investments won’t qualify, you can still choose to expand your investment portfolio and buy rental properties for your own business purposes. It just won’t play a role in obtaining your green card.

Consult an immigration lawyer first

Since the investment threshold is quite high, you can’t afford to make any mistakes or waste time. If your goal is to get a green card by investing in real estate, before investing your money in any enterprise, make sure your business meets all the EB-5 visa requirements. If you aren’t sure, get a consultation with an immigration attorney as soon as possible.

Ethan Emerson
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