Can You Get a Green Card by Registering a Company in the US?

In the United States, there is a common misconception that simply registering a company can lead to obtaining a green card. However, this belief is not entirely accurate. While starting a business in the U.S. can potentially open doors to certain immigration pathways, it does not guarantee immediate or direct access to a green card. The process is more complex and involves several factors that must be considered.

One of the most popular routes for entrepreneurs looking to obtain a green card through their business is the EB-5 Immigrant Investor Program. Established in 1990, the EB-5 program allows foreign investors to apply for lawful permanent residency by investing a significant amount of capital into a new commercial enterprise located within the U.S. The minimum investment requirement is typically $1 million, although this drops to $500,000 if the business is located in a targeted employment area TEA.

To qualify under the EB-5 program, the investor must create at least 10 full-time jobs for U.S. workers. These jobs must last for a minimum of two years and cannot involve part-time positions unless they equate to full-time work. Additionally, the investor's involvement in the business must be active rather than passive. This means that the investor should have a role in managing or directing the enterprise, which could include being an executive or having day-to-day responsibilities.

The application process for the EB-5 program involves several steps. First, the investor must submit Form I-526, Petition by Alien Entrepreneur, to the U.S. Citizenship and Immigration Services USCIS. This form requires detailed information about the investment, including proof of funds, business plans, and evidence that the investment will meet the job creation requirements. Once approved, the applicant can move on to the next stage, which involves applying for conditional permanent resident status. This conditional status lasts for two years, during which time the investor must demonstrate that the required jobs have been created.

After the two-year period, the investor can file Form I-829 to remove the conditions on their permanent residency. At this stage, USCIS will review whether all the conditions have been met, including the investment amount and job creation. If everything is in order, the investor will be granted full permanent residency, commonly referred to as a green card.

While the EB-5 program provides a pathway to a green card for business investors, it is not without challenges. The application process can be lengthy and complicated, with significant processing times that vary depending on the current backlog. Additionally, there are risks involved, such as market fluctuations or regulatory changes, which could impact the success of the business. Investors must also ensure compliance with all legal and financial requirements throughout the process.

Another option for entrepreneurs seeking a green card is the E-2 Treaty Investor visa. This visa is available to citizens of countries that have treaties of commerce and navigation with the U.S. Unlike the EB-5 program, the E-2 visa does not require a minimum investment threshold, but it does demand that the investment be substantial enough to sustain the operation of the enterprise. The investor must also play a key role in running the business, either as an owner or manager. While the E-2 visa allows the investor and their family to live and work in the U.S., it is not a path to permanent residency. Instead, it offers a renewable status, meaning the investor must maintain their business interests to continue residing in the country.

In recent news, the EB-5 program has undergone significant reforms aimed at modernizing and improving its effectiveness. According to reports from the U.S. Department of Homeland Security, these changes include adjustments to TEA designations, increased transparency, and higher investment thresholds. These updates reflect efforts to streamline the process while maintaining the integrity of the program.

It is important to note that starting any business in the U.S., regardless of the potential immigration benefits, carries inherent risks. Entrepreneurs must consider market competition, regulatory compliance, and financial management carefully. While obtaining a green card through a business venture is possible, it requires careful planning, substantial investment, and ongoing commitment to ensure success.

In conclusion, simply registering a company in the U.S. does not automatically result in a green card. For those considering this route, it is essential to understand the specific requirements and processes associated with programs like EB-5 or E-2 visas. Consulting with immigration attorneys or professionals who specialize in business law can provide valuable guidance and help navigate the complexities of the system. With proper preparation and adherence to regulations, entrepreneurship can indeed serve as a viable pathway to permanent residency in the United States.