Use Commercial Real Estate Investments to Get a Green Card

How Foreign Nationals Can Use Commercial Real Estate Investments to Get a Green Card

A recent New York Times article illustrates how foreign nationals can use real estate investments to obtain green cards — and how this strategy has grown tremendously over the past few years.

One of the ways that allows foreign nationals to gain a green card by investing in U.S. commercial real estate is the EB-5 federal visa program. To qualify for an EB-5 visa, investors must make an “at-risk” investment in a new U.S. enterprise that will earn profits.

The minimum qualifying investment is $1 million unless the business is located in a high unemployment area (at least 150% of the national average rate) or rural area, where the minimum investment is $500,000. The investment must also produce at least 10 new jobs within two years.

According to the New York Times, approximately 80% of EB-5 visa holders are from China. They have invested billions of dollars in office complexes, hotels, apartment buildings and condos, primarily in New York City.

Companies whose projects have been on hold due to a tight credit market in the U.S. have sought out EB-5 investors — in 2013, the EB-5 program issued 8,564 visas, up from only 1.885 in 2010. This year, the annual EB-5 visa allotment of 10,000 was reached by May 1. Developers say that these investors are often willing to take a lower rate of return on their investments in order to secure green cards for themselves and family members.

Foreign loans do not qualify for the EB-5 program unless they are secured by an investor’s personal assets and not the assets of the new business. In addition, the business must be a “new commercial enterprise” — either a new business or one that was formed after November 29, 1990. The business can also be one that has been substantially restructured after November 29, 1990 as long as the business did not lose employees in the restructuring.