US Explains Conditions Foreign Investors Must Meet to Qualify for Green Card

• The US government has outlined the requirements foreign investors must fulfil to obtain a Green Card through the EB-5 programme
• Investors must commit a set amount of capital into a qualifying US commercial enterprise and meet strict job creation targets
• The programme covers two pathways — direct investment and investment through an approved regional centre — each with different job creation rules

The United States government has detailed the conditions under which foreign investors and their families can obtain lawful permanent residence through the EB-5 Immigrant Investor Programme, administered by US Citizenship and Immigration Services (USCIS).

Under the programme, an investor, along with their spouse and unmarried children under the age of 21, becomes eligible for a Green Card by making a qualifying capital investment in a US commercial enterprise and committing to the creation or preservation of at least 10 permanent full-time jobs for eligible American workers.

How the EB-5 Programme Works

Congress established the EB-5 Programme in 1990 with the goal of stimulating economic growth through foreign capital and job creation. Two years later, in 1992, the Regional Centre Programme was introduced, setting aside a portion of EB-5 visas specifically for investors who channel their funds through USCIS-approved regional centres designed to promote economic development.

The requirements for foreigners seeking a Green Card through investment are in two ways:

1. Job creation requirement

2. Capital requirement

Job Creation Requirement for US EB-5 Programme

The job creation requirement differs depending on the investment pathway chosen. Investors who put money directly into a commercial enterprise outside a regional centre must show that the business itself employs at least 10 qualifying workers in direct, full-time roles.

For those investing through a regional centre, up to 90 per cent of the job creation requirement can be met through indirect employment, meaning jobs that exist outside the enterprise but are generated as a result of its activity.

Full-time employment is defined as a position requiring at least 35 working hours per week. Job-sharing arrangements between two or more employees can count toward this threshold, provided the combined hours meet the weekly minimum. Temporary, seasonal, intermittent, or transient positions do not qualify, though roles expected to last at least two years are generally considered permanent.

Capital Requirements Under the EB-5 Rules

Capital, as defined by the programme, covers cash as well as tangible real and personal assets owned and controlled by the investor, all assessed at fair-market value in US dollars.

Certain forms of capital are explicitly excluded. Funds acquired through unlawful means, capital invested in exchange for debt instruments such as bonds or convertible notes, investments that come with a guaranteed rate of return, and any capital subject to a contractual right of repayment are all disqualified.

One exception exists: the enterprise itself may hold a buy-back option, but only if exercised entirely at the enterprise's discretion and not as a right held by the investor.

The minimum investment amount is $1,050,000, while the targeted employment area investment amount is $800,000 (includes infrastructure projects)

Investors must be able to demonstrate legal ownership of all capital they commit to the enterprise. In certain circumstances, a promissory note may be accepted as part of the investment.

The US had earlier published names of 2 Nigerian women awaiting deportation over fraudulent crimes.

US announces eligibility for Green Card application

Meanwhile, Legit.ng previously reported that the United States government published a list of eight categories of people who qualify to apply for a permanent resident card, commonly known as a Green Card.

Eligibility ranges from family ties to US citizenship and employment in specialised fields to refugee or asylum status and victims of abuse.