Green Card Benefits for EB-5 Investors

The EB-5 Immigrant Investor Program offers foreign investors a unique pathway to a green card through strategic investments in job-creating businesses. 

This program aims to stimulate the U.S. economy by attracting foreign capital and creating employment opportunities for American workers.

Investors who meet the program’s criteria can obtain green cards for themselves and their immediate family members. 

In this article, we will outline the benefits of obtaining a green card through EB-5 investors so you can decide if this is the right path to U.S. permanent residency for you. 

Eligibility Criteria for EB-5 Investors

Investors must meet the following criteria to obtain the EB-5 green card:

• Investment Requirements: The EB-5 program requires significant capital investment from foreign nationals. The minimum investment amount is $800,000 for projects in Target Employment Areas (TEAs) or $1,050,000 for non-TEA projects. Investors must make this investment in a new commercial enterprise or a troubled business, and the funds must be considered “at risk” throughout the investment period.
• Job Creation: The EB-5 investment project must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a conditional permanent resident. These jobs can be direct, indirect, or induced depending on the investment structure and whether it is made through a regional center.
• Source of Funds: Investors must provide comprehensive documentation proving they obtained their investment capital lawfully. This involves tracing the path of funds and may require extensive financial records, tax returns, and business ownership documentation.
• Good Standing: Applicants must maintain a clean criminal record and good moral character. This involves passing background checks and providing evidence of compliance with U.S. immigration laws.
• Admissibility: Like all immigrants, EB-5 investors must be admissible to the U.S. This means they must not have any issues that would make them ineligible, such as certain health conditions, criminal history, or previous immigration violations.

Primary Benefits of a Green Card Through EB-5 Investment 

Those who make an EB-5 investment get to reap the following benefits:

Permanent Residency

The most important benefit of the EB-5 program is the opportunity to obtain permanent residency in the United States. This green card grants investors and their immediate family members the right to live, work, and study anywhere in the U.S. without restrictions. Unlike other visa categories, there is no need for sponsorship from an employer or family member.

Freedom of Movement

Green card holders enjoy unrestricted travel within the U.S. and can enter and exit the country freely. Besides avoiding extended absences to maintain status, green card holders have significantly more flexibility than holders of other visa categories.

Employment Opportunities

EB-5 investors and their family members can work for any U.S. employer without work visas or employer sponsorship. They can also start their own business, change jobs at will, or choose not to work without jeopardizing their legal status.

Educational Benefits

Green card holders can access public education and qualify for in-state tuition rates at public colleges and universities, which are substantially lower than out-of-state or international student fees. They are also eligible for many scholarships and financial aid programs unavailable to international students.

Social Benefits

Permanent residents are eligible for many social benefits, including Social Security, Medicare, and other public benefits, providing a safety net almost identical to that available to U.S. citizens.

Path to Citizenship

Green card holders become eligible to apply for U.S. citizenship after maintaining a permanent residence for five years. U.S. citizenship offers even more rights and benefits, including the right to vote and the ability to hold public office.

Economic Benefits to Investors

Along with the benefits above, there are unique economic advantages to obtaining an EB-5 green card:

• Access to U.S. Markets: Green card holders gain unrestricted access to the world’s largest economy. This opens up many investment opportunities across different sectors, allowing investors to diversify their portfolios. They can invest in stocks, bonds, and real estate and start or acquire businesses without the limitations faced by non-resident aliens.
• Tax Advantages: While green card holders are subject to U.S. taxation on their worldwide income, they may benefit from tax treaties between the U.S. and their home countries to prevent or reduce double taxation. Additionally, they can take advantage of the tax deductions and credits available to U.S. residents, leading to considerable tax savings.
• Business Expansion Opportunities: A green card allows entrepreneurs to expand existing businesses into the U.S. market or start new ventures without restrictions. This can create new revenue streams and access a more extensive customer base.
• Real Estate Investment: Green card holders face fewer restrictions when purchasing real estate in the U.S. They can buy property for personal use or as an investment without additional scrutiny or limitations, which can be particularly helpful in areas with high property appreciation rates.
• Access to Credit: Permanent residents have an easier time establishing credit in the U.S. than on other visas. They can apply for mortgages, business loans, and credit cards with more favorable terms compared to non-residents. This improved access to credit can facilitate further investments and financial growth.

Comparative Analysis With Other Visa Categories

Consider the following differences between different visa types in the U.S. to determine the best option for your situation.

H-1B

The EB-5 green card offers permanent residency without employment restrictions, unlike the H-1B visa, which is temporary and ties the holder to a specific employer and job role.

EB-5 investors and their families can work anywhere or start businesses, while H-1B dependents require separate work authorization. Additionally, EB-5 is not subject to lottery systems, so it offers a more reliable path to permanent residency. These benefits entice many H-1B holders to transfer to EB-5 to obtain permanent residency.

L-1

While both include family members, the EB-5 green card provides permanent residence status and unrestricted work authorization for the whole family. L-1 visas are temporary and limit the primary visa holder to working for the company that transferred them. EB-5 also offers a direct path to citizenship after five years from the time of obtaining a conditional green card, which is not a benefit of the L-1 program.

E-2

The EB-5 program leads directly to permanent residency, while the E-2 treaty investor visa is temporary and does not automatically lead to a green card. EB-5 investors can exit their investments after completing the program successfully, while E-2 visa holders must maintain their investments and continue to develop their businesses to keep their status. EB-5 also has no nationality restrictions, unlike E-2, which is limited to citizens of treaty countries.

EB-2/EB-3

While all are permanent residency options, EB-5 offers faster overall progression to a green card than EB-2 or EB-3, which face significant backlogs. This is especially true for participants from countries such as India and China. EB-5 also does not require a job offer or labor certification, providing more independence in the immigration process.

Success Stories and Testimonials

An EB-5 green card can be life-changing, especially if you work with the right regional center. But do not take our word for it — take a look at the testimonials from clients who chose Behring Co as their EB-5 partner.

Rohan Sharma, a Behring EB-5 investor, filled I-526 in 2017 and got a permanent green card approved in 2023. He describes the investment process with Behring as stable, easy, and secure.

Abhinav Singla also highlights the helpfulness of Behring experts in navigating different aspects of EB-5 requirements, especially specific challenges and situations individuals come across during the process.

Another EB-5 visa investor, Sridhar Srinivasan, says that what distinguishes Behring from other regional centers is in-house expertise with EB-5, construction, and development. In other words, Behring offers first-hand experience when answering all the clients’ essential questions about EB-5 investments.  

How Reputable Regional Centers Help Investors Overcome Challenges

A reputable regional center like Behring Co. provides expert assistance and support to EB-5 investors in the following ways:

• Expertise in Project Selection: Regional centers offer valuable prowess in choosing EB-5-compliant projects. They help investors confirm that their project meets United States Citizenship and Immigration Services (USCIS) requirements for job creation and capital investment, and their established relationships with developers and track record of successful projects help reduce investment risk.
• Job Creation Advantage: USCIS allows projects through regional centers to count indirect, induced, and direct jobs. This broader definition of job creation makes it easier for investors to meet the required threshold of 10 new jobs per investment.
• Comprehensive Due Diligence: Regional centers provide investors with detailed project documentation and market analyses. They help interpret complex financial structures and evaluate potential returns, allowing investors to make informed decisions.
• Immigration Process Support: Many regional centers offer guidance throughout the immigration process. They may even work alongside immigration attorneys to ensure compliance with EB-5 regulations, helping investors navigate the complex application procedures.
• Economic Modeling Expertise: Reputable regional centers employ USCIS-approved economic models to calculate job creation. This method is generally more reliable and easier to demonstrate than maintaining direct W-2 employees for the required period. It provides investors with greater confidence in meeting the job creation criteria.
• Ongoing Monitoring and Transparency: Regional centers will provide regular updates on project progress and compliance with EB-5 requirements. This transparency allows investors to stay informed about their investment and immigration status.
• Problem-Solving Capabilities: In case of unexpected problems, your regional center will rely on its expertise to find solutions. The Behring Team has a 100% investor approval rate with USCIS across all final adjudicated applications, giving you the peace of mind that we will handle your EB-5 project from start to finish.

Why Choose Behring Regional Center

Behring Regional Center has been USCIS-approved since 2014, offering a comprehensive and expert approach to EB-5 investments. With a deep understanding of USCIS regulations and a commitment to investor success, Behring excels in project underwriting, documentation preparation, and ongoing compliance management.

By choosing Behring, you will benefit from being backed by a regional center with a proven track record of EB-5 success to enhance your prospects of obtaining a U.S. green card and securing investment returns. Contact us today to see how we can help you obtain an EB-5 green card.