How To Become A US Citizen By Investing In A Business (Including Comme

Back in 1990, Congress established an opportunity for foreign investors to invest in US businesses, including the ownership of commercial real estate, and ultimately go through the process of getting a green card for permanent residency. The program results in an EB-5 investor visa and it’s managed by the United States Citizenship and Immigration Services (USCIS).


EB-5 stands for “employment-based, 5th preference” in the USCIS hierarchy of visas.
Since its inception the program has attracted thousands of investors, including 10K of them (the annual cap) in 2015 alone. In other words, the program is working, and meeting its goals, which include:
Investment of at least $500K or $1 million per investor, depending on the US geographic area
Creation of at least 10 full-time permanent jobs in the subject business
Stimulation of the economy in areas of high unemployment

Now, as of September 30, 2015 the EB-5 visa program is set to expire, which means all the investors and their families who are in the process of becoming permanent residents are in jeopardy.


The majority of these investors are Chinese, currently making the choice to diversify in the midst of the economic slow-down in China. The spouses and minor children of EB-5 investors are also in the immigration system for obtaining green cards, which will give them the right to live and work in the US permanently.


In 2014, over 9K investors born in mainland China were issued these particular visas, which represents 85.4% of the total of 10.6K EB-5 visas issued.


Participating investors from China and many other countries are all awaiting an extension of the EB-5 visa program so they can stay on track for permanent residence status and make plans for their lives in the US. And new investors are lining up to apply for this investor visa, too.


Proposed legislation is expected to extend the EB-5 visa program for a few months, possibly 90 to 180 days, or until a more thorough bill can be crafted and presented to Congress for a longer extension of the popular and successful visa program. Higher investment minimums are expected in the new legislation, and more distinct boundaries for the lower investment requirement in “targeted employment areas” in rural communities and those with high unemployment rates.


Application for an EB-5 visa is not a slam-dunk for investors with the means to apply. Currently, USCIS turns down more of these applications than it approves, and it also has the authority to require more than $1 million in investment funds, although it has not exercised its authority to do so as of yet.


The investment must be made in a new business or an existing business turn-around situation, and the investor must be living in the US and actively engaged in company operation, in a managerial role or at least a policy-forming role.


I like to see government programs that are working out as anticipated, and the EB-5 visa program is certainly one example because it’s consistently creating jobs for US workers. That’s definitely a good thing.