US Outlines Conditions Foreign Investors Must Meet To Qualify for a Green Card

• The US government has outlined two investment pathways under the EB-5 programme that can lead to permanent residency for foreign nationals and their families
• Investors must meet specific job creation targets that differ depending on whether they invest directly or through a USCIS-approved regional centre
• The minimum capital requirement starts at $800,000 for targeted employment areas and rises to over $1 million for standard investments

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

Under the scheme, a qualifying investor, together with their spouse and unmarried children under 21, becomes eligible for a Green Card by committing capital to a US commercial enterprise and demonstrating that the investment supports the creation or preservation of at least 10 permanent full-time jobs for eligible American workers.

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How the EB-5 programme works

Congress established the EB-5 Programme in 1990 to stimulate economic activity through foreign capital.

Two years later, the Regional Centre Programme was introduced, setting aside a portion of EB-5 visas for investors who direct funds through USCIS-approved regional centres focused on economic development.

The programme offers two distinct pathways. Investors who place capital 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.

Those who invest through a regional centre, however, can satisfy up to 90 per cent of the job creation requirement through indirect employment, covering positions generated outside the enterprise as a consequence of its economic activity.

Full-time employment under the programme is defined as a minimum of 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 roles do not qualify, although positions expected to last at least two years are generally treated as permanent.

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Capital requirements under the EB-5 rules

Capital under the programme covers cash as well as tangible real and personal property owned and controlled by the investor, assessed at fair-market value in US dollars. The minimum qualifying investment is $1,050,000, though investors channelling funds into a targeted employment area or an infrastructure project face a lower threshold of $800,000.

Several categories of capital are explicitly disqualified. These include funds obtained through unlawful means, capital provided in exchange for debt instruments such as bonds or convertible notes, investments structured with a guaranteed rate of return, and any funds subject to a contractual right of repayment.

One limited exception applies: the enterprise may retain a buy-back option, but only if that right rests entirely with the enterprise and cannot be exercised at the investor's direction.

Investors are required to demonstrate legal ownership of all capital committed to the enterprise. In certain circumstances, a promissory note may be accepted as part of the qualifying investment.

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Programme origins and purpose

The EB-5 scheme was designed with a dual mandate: attract foreign capital into the American economy and generate employment for US workers. The regional centre model, introduced in 1992, broadened the programme's reach by allowing investors to participate in larger, pooled projects rather than managing a business directly.

US lists marriages ineligible for visa applications

Earlier, YEN.com.gh reported that the US had published regulations on marriages it does not recognise for immigration purposes.

It listed five categories of unions that disqualify applicants from marriage-based visa or green card eligibility.

Foreign nationals, including Ghanaians, whose marriages fall into the excluded categories cannot use them to obtain US residency.

Source: YEN.com.gh