green card

True or FalseMyth 1:  Buy a Green Card – The EB-5 program was established to help high-net-worth individuals buy a green card.

Fact:  The EB-5 program is a highly regulated employment-based permanent residence application that takes years to complete.  The initial application requires detailed proof of investment in a qualified project.  It also requires evidence of an investment of either 1 million USD or 500,000 USD and the creation of 10 jobs for U.S. workers.  The investor’s application is screened and, if approved, only a “conditional green card” is granted. The same in-depth review of the project and the investor’s background are conducted two years after conditional status is granted to ensure the individual’s continued eligibility for the EB-5 immigrant investor category.

Myth 2:   Loophole for Criminals/Terrorists – The EB-5 program provides an easier way for potential immigrants to go through background clearances, providing a loophole for potential criminals and terrorists.

Fact:  As described above, the EB-5 program requires an investor’s record to be reviewed two times – once for a conditional green card and then again when obtaining a permanent green card.  In addition to the normal screening process for other employment based permanent residence applicants, which is conducted twice for EB-5 applicants, the EB-5 applicant must have the project reviewed for compliance with regulatory requirements, including proving the requisite amount of investment and the requisite number of jobs to be created.  Moreover, EB-5 applicants go through a rigorous vetting process to demonstrate that their source(s) of funds is(are) lawful and that those funds can legally be invested into qualified projects.
Continue Reading Myth vs. Fact: Responses to Arguments Against the EB-5 Pilot Program

After finally being issued a Green Card, the last thing any Lawful Permanent Resident (LPR) of the United States would want is to lose his / her permanent residency status. It is important that LPRs understand certain requirements they must fulfill in order to maintain this status. Other than obeying all of the laws of the United States and filing income tax returns there, LPRs must take steps to ensure they are not risking abandonment of their permanent residency status. In order to do this, it is essential that LPRs spend at least 180 days each year in the United States. But what specifically is the “United States”?

According to the Immigration and Nationality Act Section 101 (a) (38): the term “United States,” except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. Therefore, LPRs could spend time in the continental United States or any of the U.S. commonwealths to fulfill their residency requirements. This definition may be particularly interesting for LPRs who face a 7,136 mile, eleven hour long flight from China to the continental United States.Continue Reading Fulfilling U.S. Residency Requirements a Bit Closer to Home: Saipan an Option for EB-5 Investors