What Is the EB-5 Visa?
The EB-5 Immigrant Investor Program provides a path to lawful permanent residency for foreign nationals who invest capital in a new commercial enterprise in the United States that creates at least 10 full-time jobs for qualifying U.S. workers. Created by Congress in 1990, the EB-5 is the primary investment-based immigration category.
Investment Requirements
Under the EB-5 Reform and Integrity Act (RIA) of 2022, minimum investment amounts are:
- Standard investment: $1,050,000
- Targeted Employment Area (TEA): $800,000
A TEA is either a rural area or an area with unemployment at least 150% of the national average.
Two Investment Models
Direct Investment: The investor creates or acquires a commercial enterprise and directly manages the business. Must create 10 full-time positions for U.S. workers.
Regional Center Investment: The investor places capital with a USCIS-designated Regional Center, which pools investments into job-creating projects. May count indirect and induced jobs toward the 10-job requirement.
Application Process
- Source of funds documentation — Demonstrate capital was obtained lawfully
- File Form I-526E — Immigrant petition establishing eligibility
- Conditional residency — Investor and family receive conditional green cards for two years
- File Form I-829 — Remove conditions by proving sustained investment and job creation
- Permanent green card — 10-year green card upon I-829 approval
Set-Aside Visas
The RIA created reserved visa categories with separate allocation pools:
- Rural projects: 20% of annual EB-5 visas
- High-unemployment TEA: 10% of annual EB-5 visas
- Infrastructure projects: 2% of annual EB-5 visas
Risks and Due Diligence
EB-5 requires a genuine investment at risk. Guaranteed returns, loan-back arrangements, or phantom investments do not qualify. Investors should conduct thorough due diligence on any Regional Center project.
Request a free EB-5 case evaluation to discuss your investment immigration options.