The EB-5 Investor Visa Program
Your comprehensive guide to securing a U.S. Green Card through investment.
What is the EB-5 Program?
The EB-5 Immigrant Investor Program is a U.S. government initiative created to stimulate the economy through job creation and capital investment by foreign investors. In exchange for investing in a U.S.-based commercial enterprise that creates or preserves at least 10 full-time jobs for U.S. workers, foreign investors, along with their spouses and unmarried children under 21, are eligible to apply for a Green Card (permanent residence).
This program is particularly attractive for individuals seeking a direct path to U.S. residency without the need for employer sponsorship, making it an ideal choice for entrepreneurs, professionals, and families seeking new opportunities in the United States.
Investment Requirements
$800,000 USD
Targeted Employment Area (TEA)
This is the minimum investment amount for projects located in a rural area or an area with high unemployment. The majority of EB-5 projects qualify under this category, offering a lower capital entry point.
$1,050,000 USD
Non-Targeted Employment Area
This standard investment amount applies to projects located outside of designated TEAs, typically in more affluent urban or suburban areas.
Job Creation: Regardless of the investment amount, the investor's capital must lead to the creation or preservation of at least 10 full-time jobs for qualifying U.S. workers.
The 3-Step Process to a Green Card
File Form I-526E
After selecting a project and making the investment, your immigration attorney files the I-526E, Immigrant Petition by Regional Center Investor. This petition demonstrates that you have invested the required capital in a qualifying project and that the funds were lawfully sourced.
Obtain Conditional Permanent Residency
Once the I-526E petition is approved, you and your qualifying family members can obtain a two-year conditional Green Card. If you are outside the U.S., you will complete this through consular processing. If you are already in the U.S. on a valid visa, you may be able to adjust your status by filing Form I-485.
File Form I-829 for Permanent Residency
Within the 90-day period before your conditional Green Card expires, your attorney files Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. This petition proves that you have sustained your investment and that the job creation requirement has been met. Upon approval, the conditions are removed, and you receive a permanent Green Card.
Key Benefits of the EB-5 Program
- Path to U.S. Citizenship: Permanent residents are eligible to apply for U.S. citizenship after five years, securing a long-term future in the country.
- Family Inclusion: Your spouse and unmarried children under 21 can also receive Green Cards under a single investment, ensuring your family's future together.
- Educational Opportunities: Green Card holders can access the U.S. education system, including eligibility for lower in-state tuition at public universities and improved admission chances.
- Freedom and Flexibility: Live, work, and retire anywhere in the U.S. without the restrictions of temporary work visas. Change employers or start your own business without immigration consequences.
Frequently Asked Questions
What is a "source of funds" report? +
A source of funds report is a detailed document that traces the legal path of your investment capital. You must prove to USCIS that your funds were obtained through lawful means, such as salary, business profits, property sales, inheritance, or gifts. An experienced EB-5 attorney is crucial for preparing this report correctly.
Can I use a gift or inheritance for my investment? +
Yes, funds from a gift or inheritance are acceptable sources, provided they are properly documented. You will need to provide evidence of the gift (e.g., a gift deed) and show the lawful source of the funds from the person who gave you the gift.
What is a Regional Center? +
A Regional Center is an economic unit, public or private, designated by USCIS to promote economic growth. Investing through a Regional Center is the most common EB-5 route, as they manage the investment project and can count both direct and indirect jobs toward the job creation requirement, simplifying the process for the investor.
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