EB-5

Investor Visa
Green Card

The EB-5 Immigrant Investor Program grants US permanent residency to foreign nationals who make a qualifying capital investment in a new commercial enterprise that creates at least 10 full-time jobs for US workers. One of the most document-intensive immigration categories.

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Quick facts
FormI-526E (regional center)
Min. investment (TEA)$800,000
Min. investment (non-TEA)$1,050,000
Jobs required10 full-time US workers
I-526E filing fee$11,160
Employer requiredNo (self-invest)
PERM requiredNo

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EB-5 case workflow

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What is the EB-5 visa?

The EB-5 Immigrant Investor Program, administered by USCIS, allows foreign investors to obtain US permanent residency by investing capital in a new commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying US workers. There are two investment paths: direct investment (the investor actively manages the enterprise) and the Regional Center Program (passive investment through USCIS-designated regional centers, which use indirect job-creation counting). The EB-5 Reform and Integrity Act of 2022 significantly restructured the program.

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Qualifying Investment
$800,000 in a Targeted Employment Area (rural or high unemployment) or $1,050,000 in all other areas. Funds must be fully at risk — loans and gifted funds must meet lawful source requirements.
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Job Creation
The investment must create at least 10 full-time (35+ hours/week) jobs for qualifying US workers within 2 years. Regional center investors can count indirect and induced jobs.
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Lawful Source of Funds
USCIS requires comprehensive documentation tracing the origin of all invested capital — tax returns, business records, property sales, bank statements, gift documentation. This is typically the most complex evidentiary component.

How the EB-5 process works

01
Select investment vehicle and conduct due diligence
Choose between direct investment or a USCIS-designated regional center. Evaluate business viability, job creation projections, track record, and financial statements. Preparation typically takes 4–6 months.
02
Document lawful source and path of funds
Compile tax returns, business ownership records, property sale documents, bank statements, gift letters, and loan documentation. USCIS scrutinizes every dollar — gaps in documentation lead to RFEs or denials.
03
File Form I-526E with USCIS
Submit the investor petition demonstrating that capital has been invested or is actively in the process of being invested in a qualifying project. The I-526E filing fee is $11,160. Processing takes 1–4 years.
04
Apply for immigrant visa or adjustment of status
Once I-526E is approved and a visa number is available, file Form I-485 inside the US or complete DS-260 at a US consulate abroad. Conditional permanent residency (2-year conditional green card) is issued.
05
File I-829 to remove conditions
Within 90 days before the 2-year conditional green card expires, file Form I-829 to demonstrate that the investment was sustained and all 10 jobs were created. Approval grants permanent residency without conditions.

EB-5 FAQ

What is a Targeted Employment Area (TEA)?

A TEA is either a rural area or an area with unemployment at least 1.5 times the national average. Investing in a TEA qualifies for the reduced $800,000 minimum threshold. TEA designations are made by USCIS based on census data. See USCIS EB-5 program page.

What is the difference between direct EB-5 and the Regional Center Program?

Direct EB-5 requires the investor to be actively involved in managing the new commercial enterprise and can only count direct jobs created. Regional Center investment is passive — the investor places funds through a USCIS-designated regional center and can count indirect and induced job creation, making the 10-job requirement easier to satisfy for large projects.

How long does EB-5 processing take?

I-526E processing currently averages 1–4 years. After approval, applicants must wait for a visa number — EB-5 is subject to per-country annual limits. Chinese, Indian, and Vietnamese nationals may face multi-year waits. See the Visa Bulletin for current priority dates.