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Last Updated On: January 5, 2024 | Published On: September 12, 2022
Investment is one of the most prestigious avenues for foreign nationals to achieve both lawful resident status and financial opportunities in the United States, specifically, real estate investment. This is mostly achieved through the EB-5 immigrant investor program, which enables foreign nationals to acquire a U.S. green card by investing a minimum of $800,000 or $1.05 million in a U.S. enterprise. For foreign nationals seeking a U.S. green card through real estate investment, here is a complete guide.
In 2021 alone, foreign investors purchased more than 107,000 U.S. properties totaling over $54.4 billion. It was a slight decline from 2016 when foreigners bought more than 214,885 U.S. properties spending a total of $102.6 billion. However, without a doubt, the U.S. attracts many foreign investors that are looking to own a piece of U.S. real estate.
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The foreign investor track has two major programs, namely the Basic Program and the Regional Center Program. The basic program means you will play an active role in the day-to-day operations of your investment. Regional centers are USCIS-approved organizations where you can invest your capital as a partner and a partial owner. To qualify for either of these two types, you will need an EB-5 investment amount of $1.05 million in a U.S. business enterprise or $800,000 if the business is located in a Targeted Designated Area (TEA). Your investment must create at least 10 U.S. jobs.
Getting your green card through real estate investment using the EB-5 program can be done in two ways:
Many approved EB-5 Regional Centers deal with real estate and are always keen to have foreign investors on board. The handlers of the programs will do all the groundwork such as reviewing proposed land for construction, land entitlement, development documentation and overseeing the building process.
Some of the lucrative properties these centers invest in include resort hotel developments, student housing, restaurants, office components, senior living home facilities, and shopping centers.
As a foreign investor, if you choose this EB-5 route, you would be granted partial ownership of the project having the opportunity to participate in the cash flow and profit sharing of the business.
If you would like to play an active role in running your EB-5 investment, another way you can get a green card through real estate investment is to own the real estate on which your business operates. Since the requirement of the creation of 10 full-time employment for U.S. workers must be met, your best bet will be to buy a building to start a new enterprise or invest in an existing business.
This can help you fulfill two requirements at once as you can use the bulk of the investment amount for the purchase of the building and use the remaining part of the money to meet all other new commercial enterprise requirements of EB-5 program including employing the specified number of employees.
To save a substantial amount on their EB-5 investment, foreign investors sometimes buy distressed properties, which can be purchased at a low acquisition cost to start their new commercial enterprise. So long you invest the minimum amount and adhere to the USCIS requirements of the program in the usage of the property, this may be a viable option. However, you should speak with your EB-5 attorney before doing so.
There are also some interesting Golden Visa options that allow you to gain residency by investment in the U.S.
You stand to benefit significantly if you choose this part towards acquiring your permanent resident status in the U.S. The following are some of the advantages you stand to enjoy:
For most foreign nationals, the central attraction of the EB-5 program is the acquisition of the U.S. green card. Once you have directly or indirectly invested $800,000 or $1.05 million in real estate for a business enterprise and you have fulfilled every other EB-5 requirement, you will be able to apply for your green card. Also, your spouse and unmarried children under the age of 21 will also have the opportunity to become lawful U.S. permanent residents.
Apart from achieving your dream of becoming a permanent resident, another benefit of a green card through real estate investment is the return on investment from your EB-5 enterprise. If your investment is made in real estate regional centers, you stand a good chance of increasing your net worth through the annual payments received as a partial owner.
In the same vein, if you choose a new enterprise approach, the property you buy will likely appreciate in value over time just as the business you operate on it also yields profits.
Being a green card holder in the U.S. will give your children the opportunity to receive a quality education in the country. As lawful permanent residents, your children are considered to be eligible noncitizens with access to the U.S. federal and state government financial aids, loans, and grants. This will afford them the ability to achieve their academic goals in a very supportive environment.
If your goals include acquiring the United States citizenship, getting a green card through real estate investment is a great place to start. Essentially, investing in a business or buying a property in the U.S. could give you permanent residency. Of course, you have to fulfill the EB-5 program requirements first, like investing at least $800,000 or $1,050,000, depending on the location. As well as create at least 10 full-time jobs.
After your investment in real estate, and having proven to be a law-abiding permanent resident for at least five years after the issuance of your green card, you and your family will qualify to become citizens.
All you need to do is file an N400, Application for Naturalization and participate in the interview and civics test. However, if you are not interested in becoming a U.S. citizen, you can continue to maintain your permanent resident status for as long as you want by simply renewing your green card whenever it is about to expire.
Real estate in the U.S. is one of the most consistent ways of building wealth as there are various ways through which you can generate income from it. Whether you choose direct or indirect investment in real estate, the U.S. market can snowball the value of a single property into the purchase of more buildings that could lead to a reliable business unit, financial freedom, and a fulfilled retirement.
For example, if the property is used as a commercial rental property, you will be generating regular cash flow as leftover after you have made your investment amount from the rent collected. Also, a U.S. property has the potential of appreciating for as high as 20%, especially when there is a boom in the market.
The EB-5 investor green card process involves many stages which must be duly followed before you can become a green card holder, and the success of one step will lead to another. Prospective investors are usually advised to follow these guidelines:
If your I-526 petition is approved, you will be issued a conditional permanent card which will be valid for two years. You are expected to have invested the capital and generate 10 new U.S. jobs within the two years. After that period, you will be eligible to file an I-829 to remove conditions on your status and receive an unconditional green card which is valid for ten years at a time.
The processing fee for a green card through real estate investment varies depending on the type you choose to invest in, and your location.
However, the following are some of the costs you should prepare to cover:
In terms of foreigners buying property in the U.S. for immigration purposes – citizens of practically any country are able to buy property in the U.S. In recent years, many EB-5 visa applicants have chosen to invest in commercial property. Although it is a viable investment immigration option, foreign entrepreneurs should be wary of tax implications when owning a property in the U.S.
Foreigners are subject to a 30% tax on the gross income of their U.S. property. However, you could benefit from a 30% tax on your net income instead. You can do so by Section 871(d) deduction, which allows you to deduct eligible expenses for a real estate business that is used to generate income in the U.S.
You can make this election by attaching a statement that you are making this election to your annual tax return. You should also include all of the relevant information about your properties in the country when you purchased them and any income associated with those properties. Some foreign nationals may benefit from tax treaties that the U.S. has with their home countries, which help to decrease the taxable amounts in the U.S. and in their home countries.
Now that you are familiar with what taxes you might be subject to, it is time to explore financing options for foreign investors. There are numerous mortgage options for foreigners available for applicants without credit history in the U.S. Essentially, you are not required to build new credit, and the lender will assess you solely on your current revenue streams, including your foreign businesses.
At VisaNation we will help you acquire your green card through real estate investment, and also ensure your capital is rightly invested for high profitability. VisaNation Law Group immigration attorneys have helped many foreign investors acquire their green cards. You can schedule an appointment with us by simply filling out this consultation form.
Tags: EB-5, Naturalization
