Who Can Get an Investment-Based (EB-5) Green Card?
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U.S. immigration law allows foreigners to enter, live and work in the U.S. for various periods of time, temporarily or permanently. For those who immigrate on a permanent basis, namely, with a green card, most of them are either through family relationships with U.S. citizens and permanent residents or through employment. However, there are several other ways one can obtain a green card, and one of those is known as the EB-5 visa. At Kriezelman Burton & Associates, we have experienced EB-5 green card attorneys who regularly help clients in the Chicago area obtain this visa. We are based in Chicago, but we also handle cases in Indiana, Wisconsin, and Michigan.
Eligibility Criteria in Visa Category EB-5
An investment-based green card is obtained under Fifth Preference or EB-5 employment-based immigration. An applicant who seeks a green card under this category must:
- Invest the required minimum amount of money in a U.S. business, and
- Be an active participant in that business, but it is not necessary to control the business; the business can be under the control of someone else, and that’s okay.
When the EB-5 law was initially passed, the minimum amount required to invest to qualify for the EB-5 green card was normally $1 million normally, or $500,000 in economically distressed areas otherwise referred to as “targeted economic areas” or TEAs). However, Congress increased these amounts to $1.05 million and $800,000, respectively. To qualify, one must leave the money tied up with the business invested in for several years. There is no going around this because if you meet the requirements and are issued the EB-5 green card, the card is issued on a conditional basis, meaning you will have to go back to the United States Citizenship and Immigration Services (USCIS) and apply to remove the conditional status after two years.
However, you do not have to wait for the two years to lapse before applying to remove the conditions. Rather, you can apply to remove the conditions 90 days before the expiration of the two-year period. To do this, you will need to file USCIS Form I-829 Petition to Remove Conditions. The petition must be accompanied by evidence to show that you have invested the required amount and created at least ten jobs.
A requirement that usually trips and often leads to denial of EB-5 green card applications is the inability of the applicant to show that they obtained the money legally. This is a requirement designed to prevent money laundering, and even an innocent person who has accumulated wealth over the years will be denied the EB-5 green card application if they cannot document how they obtained the money.
Contact an EB-5 Immigration Lawyer
The EB-5 green card category is one of the most complicated and difficult categories from which one can obtain a green card. It is also the most expensive, especially if one does not know how the green card is applied for and obtained. In other words, to minimize costs and make sure your EB-5 petition stands a good chance of being approved, you need the services of an experienced EB-5 immigration lawyer from Kriezelman Burton & Associates. Contact us today to schedule an appointment to discuss your case.
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Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
Justin Burton is extremely professional knowledgeable and helpful. I’m extremely thankful for his help and patience with my case. I strongly advise to use his services and refer him to anybody in need of legal help. Thank you.
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
Huge thanks to Attorney Matthew for his incredible support on our immigration case! 🙏 He was professional, responsive, and his expertise led to a successful outcome. We truly appreciate his hard work and highly recommend his service.
I’m deeply grateful to God for leading us to this law firm; it is a true blessing to work with such professional and passionate individuals. Their dedication and commitment help make a difficult situation far less traumatic. In our case, we received 100% support from Attorney Andrea Ochoa and paralegal Rafael. May God bless them and allow them to continue this wonderful work. Thank you—a thousand thanks.
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