EB-5 Visa for Foreign Investors

The EB-5 Immigrant Investor Program allows foreign investors to pursue lawful permanent residency (a Green Card) by investing at least $800,000 in a qualifying U.S. business that creates at least 10 full-time jobs for U.S. workers. The program provides a potential pathway to U.S. citizenship for investors, their spouses, and unmarried children under 21.

What Is the EB-5 Immigrant Investor Visa Program

The EB-5 visa program, also called the EB-5 Immigrant Investor Program, allows foreign investors to pursue U.S. permanent residency. Through this program, you may qualify for a Green Card by investing in a U.S. business that supports job creation. The program is administered by U.S. Citizenship and Immigration Services (USCIS). It provides a pathway to lawful permanent residency through qualifying investment activity.

To qualify, you must typically invest $800,000 in a Targeted Employment Area or $1,050,000 in other locations. The investment must create at least 10 full-time jobs for U.S. workers. These jobs must generally be created within a specific timeframe under immigration regulations. You must also document that your investment funds come from lawful sources. USCIS reviews the investment structure, financial records, and job creation projections during the petition process.

Congress created the EB-5 program in 1990 to encourage foreign investment and job creation in the United States. If approved, you may receive conditional permanent residency for yourself and qualifying family members. Eligible family members include your spouse and unmarried children under 21 years old. After meeting program requirements, you may apply to remove residency conditions. 

This process can eventually lead to permanent residency and potential eligibility for U.S. citizenship.

EB-5 Investment Requirements

The minimum investment amounts under the EB-5 Reform and Integrity Act of 2022 are $1,050,000 for standard investments and $800,000 for investments in Targeted Employment Areas. These amounts are subject to inflation adjustments every five years beginning January 2027.

Acceptable forms of capital include:

• Cash and cash equivalents
• Equipment and inventory
• Other tangible and intangible property
• Debt secured by assets owned by the investor (for which the investor is personally liable)

All capital must be placed “at-risk” without guarantees of return. Additionally, investors must demonstrate the lawful source of their funds through documentation such as bank statements, tax returns, property sale agreements, or inheritance records.

Qualifying Business Structures

EB-5 investments must be made in a “new commercial enterprise,” any for-profit entity established after November 29, 1990, or an existing business that has been substantially restructured or expanded. Qualifying structures include:

• Sole proprietorships
• Limited or general partnerships
• Corporations and LLCs
• Joint ventures
• Holding companies with wholly owned subsidiaries

Job Creation Requirements

Each EB-5 investment must create at least 10 full-time jobs for qualified U.S. workers. Full-time employment generally requires employees to work at least 35 hours per week.

These positions must be filled by U.S. citizens, lawful permanent residents, or other individuals authorized to work in the United States. Immediate family members of the EB-5 investor do not count toward the job creation requirement.

For Regional Center investments, a portion of the job requirement may be satisfied through indirect job creation resulting from the investment. For direct EB-5 investments, all required jobs must be held by direct employees of the commercial enterprise.

The EB-5 Application Process

Form I-526 Petition

The process begins by filing Form I-526 (for standalone investors) or Form I-526E (for Regional Center investors) with USCIS. This petition demonstrates that your investment meets all program requirements. Processing times vary but can take several years depending on application volume and your country of birth.

Obtaining Conditional Residency

After I-526 approval, applicants in the U.S. may file Form I-485 for Adjustment of Status if they hold lawful visa status (Visa Waiver Program entrants are not eligible). Applicants outside the U.S. must file Form DS-260 and attend an interview at a U.S. consulate. Upon approval, you receive a two-year conditional Green Card.

Removing Conditions on Residency

Within 90 days before your conditional Green Card expires, you must file Form I-829 to remove conditions. This petition requires evidence that you maintained your investment and that the required jobs were created. Supporting documentation includes:

• Proof of the ongoing commercial enterprise
• Documentation showing receipt of investor funds
• Evidence that the enterprise was maintained throughout the conditional period
• Proof that at least 10 full-time jobs were created

Upon I-829 approval, you, your spouse, and unmarried children under 21 receive 10-year Green Cards. Eligibility for U.S. citizenship begins five years after obtaining your initial conditional Green Card.

EB-5 vs. E-2 Visa: Key Differences

Foreign investors often compare the EB-5 and E-2 visa options. The main distinctions include:

• Investment Amount: E-2 visas typically require around $100,000, while EB-5 visas require $800,000–$1,050,000.
• Eligibility: E-2 visas are only available to citizens of countries with which the United States has a treaty. EB-5 has no nationality restrictions.
• Processing Time: E-2 applications may be processed within weeks, while EB-5 applications typically take years.
• Residency: EB-5 leads to permanent residency and eligibility for citizenship. E-2 is a renewable non-immigrant visa.
• Physical Presence: EB-5 holders must maintain physical presence in the U.S. for at least six months per year to retain their residency. E-2 has no minimum presence requirement.

Why Legal Guidance Matters

EB-5 petitions require extensive documentation to prove a lawful source of funds, a proper investment structure, and job creation projections. Errors or omissions can result in costly delays or denials. An experienced immigration attorney can evaluate your eligibility, structure your investment properly, and guide you through each stage—from I-526 filing to I-829 approval.

Get Started With Your EB-5 Application

If you’re considering the EB-5 investor route to U.S. permanent residency, contact us today for a personalized assessment of your case. Our team can help you understand whether EB-5 is the right path for your immigration goals.

Frequently Asked Questions About the EB-5 Visa Program

1. What is the EB-5 visa program?

The EB-5 visa program, also known as the EB-5 Immigrant Investor Program, allows foreign investors to pursue U.S. permanent residency by investing in a qualifying U.S. business that creates jobs for U.S. workers.

2. How many jobs must an EB-5 investment create?

An EB-5 investment must create at least 10 full-time jobs for qualified U.S. workers. These positions must generally be full-time and created within the required timeframe.

3. Can family members receive green cards through the EB-5 program?

Yes. If your EB-5 petition is approved, your spouse and unmarried children under 21 may also obtain conditional permanent residency with you.

4. How long does the EB-5 visa process take?

Processing times vary depending on factors such as USCIS processing times, visa availability, and the investor’s country of birth. In many cases, the process may take several years.

5. Does the EB-5 visa lead to U.S. citizenship?

The EB-5 visa can lead to lawful permanent residency. After maintaining permanent residency for the required period, you may become eligible to apply for U.S. citizenship.