The EB5 green card checklist below provides a general idea of what type of evidence is usually needed for an EB5 green card petition. To have a better understanding of this list, please read the EB5 visa overview for the big picture and then please go through the EB5 investor green card overview to see the details of what is usually included or not included as evidence for foreign investors.
Please click to download the EB5 green card checklist for investors.
The overall emphasis on the documents and requirements of an EB5 green card petition is that the investor must have invested the legally required amount of capital into a new commercial enterprise or regional center and that the U.S. investment creates at least 10 full-time jobs for U.S. workers (or green card holders and other authorized immigrants).
The requirements for an EB5 green card petition are extensive and while ticking the boxes of requirements sounds simple enough, figuring out if the capital can be used, whether the type of investment can be used, what items should be included, and strategizing how the petition is presented is not. It is common practice and strongly encouraged to obtain an attorney for employment-based green card petitions.
Alternatives to the EB5 Green Card Petitions
The closer employment-based green card petition alternatives to the EB5 green card include: (1) the EB1a green card for persons who have extraordinary ability in the sciences, arts, education, business, or athletics, (2) the EB1c green card for executives or managers of multinational companies that have worked overseas for at least 1 year, (3) the EB2 green card for persons who have exceptional ability in the science, business, arts, (4) the National Interest Waiver filed with an EB2 green card petition (EB2 NIW) for persons who are qualified in being able to make contributions that substantially benefit the United States as a nation, and (5) the Physician’s National Interest Waiver filed with an EB2 green card petition (EB2 PNIW) for doctors who agree to provide healthcare services in certain U.S. government-designated facilities or medical personnel shortage areas.
Other employment-based green card petition alternatives that are more dissimilar to the EB5 green card include: (1) the EB1b green card for outstanding professors and researchers who are internationally recognized as outstanding in their academic field, (2) the EB2 advanced degree green card for persons who have at least a Master’s degree(or a bachelor’s degree and 5 years of post-college progressive work experience) and have a job offer for a position that requires that specific type of degree, (3) EB2 Schedule A Group II green card for persons who have exceptional ability in the performing arts, science, or arts, (4) the EB3 Schedule A Group I for professional nurses and physical therapists, and (5) the EB3 green card for professionals, skilled workers, other unskilled workers.
Professional workers under the EB3 green card petition are required to be a member of a profession with at least a bachelor’s degree (or its foreign equivalent) and a job offer that requires a bachelor’s degree. Skilled workers under the EB3 green card petition are required to have qualifications to perform a job that requires at least 2 years of training or work experience. Other workers under the EB3 green card petition are only required to be able to perform an unskilled job that requires less than 2 years of training or work experience.
Comparable Nonimmigrant (Temporary) Visas
The comparable nonimmigrant (temporary) visas to the EB5 green card includes the E1 visa (Treaty Trader) or the E2 visa (Treaty Investor) that allow an investor to manage and invest in a U.S. business, or the L1A visa where the manager or executive of a multinational company is allowed to open up an office in the United States.
HAVE A EB5 GREEN CARD IMMIGRATION QUESTION? CONTACT US
If you have an EB5 green card (Investor) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify whether the EB5 green card is the appropriate immigrant visa category for the client’s professional background. We will work closely with our client to prepare a convincing case for their EB5 green card petition and we will also strategize on how the EB5 green card petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an EB5 green card petition (investor green card) due to the complexities in the immigration process and visa requirements.