#1 GOAL: GET A GREEN CARD
CaRE uses conservative job creation methodologies that have been approved by USCIS.
Congress created the fifth employment-based preference (EB-5) immigrant visa category in 1990 for high net-worth foreigners seeking to invest in a business that will benefit the U.S. economy and create at least 10 full-time jobs for U.S. workers. Effective as of November 21, 2019, the basic amount required to invest increased to $1.8 million US dollars, although that amount is reduced to $900,000 if the investment is made in a high unemployment area, as defined by DHS. The benefits of the program are clear. The US business receives needed capital and the investor receives a minority interest in a US business as well as an expedited means of obtaining lawful permanent residence in the United States.
*Subject to Visa Availability. See Visa Bulletin.
The immigrant investor invests the minimum capital requirement, usually US $900,000+ an administrative fee.
The Investor will file an I-526 petition for conditional green card. Included in this petition will be the project’s EB-5 Business plan and Economic Impact Report displaying how the investment will create the 10 new jobs in the next two years.
Assuming the Investor’s I-526 petition is approved, the investor and his/her spouse and unmarried children under age 21 will apply for a green card either through an Adjustment of Status (Form I-485) or consular processing, which will depend on where the investor lives.
USCIS requires that the requisite jobs be created within 2.5 years after the approval of the I-526 petition.
Between month 21 and month 24 of the of the approval of the conditional green card, the Investor must file an I-829 petition to remove the conditions which must demonstrate to USCIS that the jobs have in fact been created.
Please note the timeline above is based on historical averages and is only approximate. The timeline is subject to change based on USCIS processing times, (currently 46 to 74 months for I-526) and Visa Availability. In 2020, USCIS announced a new policy whereby form I-526 petitions will now be adjudicated on a visa availability approach, instead of on a first-in, first-out basis. Investors from countries with visas available will be given priority over the significant number of petitions from countries with a visa backlog.