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How do I apply for my EB-5 green card for a previously-made investment?

Over the last several years I have purchased five houses in Maryland in my aunt''s name, and I am renting them out. However, I am living in Guyana. Since I have already made an investment, how would I go about applying for my green card through EB-5?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Passive investment in real estate does not qualify for the EB-5 program.

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    John J Downey

    Immigration Attorney
    Answered on

    You need to invest in job-creating enterprises. Home ownership is not considered without jobs.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Key requirements of an EB-5 investment is that it be in a commercial enterprise and that there is requisite job/employment creation. While the investments you have made in real estate property may be substantial, it unfortunately would not qualify under EB-5 requirements based on the facts you provided. Also problematic is the fact that the investment was made in your aunt''s name and not yours. For EB-5 processing, the investment must be by the EB-5 investor (and not in someone else''s name).

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Buying and holding real estate, even if you are renting it out (and even if the properties were in your name or your company''s name), will not qualify for EB-5 classification. You must invest in a new commercial enterprise that is an active business, not a passive investment, where the capital invested is at risk in a commercial sense. In addition, the new commercial enterprise must create at least 10 new jobs for qualified U.S. workers within two years. If you are interested in learning what it takes to meet the EB-5 statutory and regulatory requirements, then you should consult with an experienced EB-5 immigration attorney who can advise you on the specific details.

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    Ying Lu

    Immigration Attorney
    Answered on

    You are not eligible to apply for the EB-5 visa just by buying real estate in the United States. EB-5 requires you to create 10 new jobs as well. Job creation is the key of EB-5.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Buying real estate and renting them out is a passive investment that does not qualify as an EB-5 investment. An EB-5 investment must be put into a job-creating business or project. If you could prove how you have accumulated the funds to buy those properties, then I would suggest that you sell them to liquidate the funds and invest in a qualifying EB-5 investment to obtain your immigration benefits.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You must make an investment into a new commercial enterprise that will create jobs. Five houses may not cut it, unless you create a commercial enterprise to cover it all. Even then you may be in the "existing business" territory.

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