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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I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
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…
Highly recommend Jennifer Peyton in federal litigations. She’s very polite and experienced.
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Great service and attention. Felt safe and confident since the first meeting. Couldn't be happier with the results and services. I had the pleasure of working with attorney Andrea Ochoa and it was a great experience would absolutely reccomend her services
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
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