Standard investment: $1,050,000.
Immigration Connect special session
Are you looking to invest in the United States and explore a pathway to permanent residence for yourself and your eligible family members? The EB-5 Immigrant Investor Visa program allows qualifying foreign investors to pursue a U.S. Green Card through an eligible investment in a U.S. commercial enterprise that meets applicable job creation requirements.
At E-Z Immigration, we provide immigration guidance to help investors understand EB-5 visa eligibility, investment requirements, source-of-funds documentation, petition procedures, and the steps involved in pursuing permanent residence in the United States.
Whether you are considering investing in your own business or through a qualifying regional center project, understanding the EB-5 process can help you evaluate your immigration options and prepare the necessary documentation.
Immigrant Investor Visa
A U.S. permanent residence pathway based on a qualifying investment and job creation.
EB-5 Visa Explained
The EB-5 visa is an employment-based, fifth-preference immigrant visa category administered by U.S. Citizenship and Immigration Services (USCIS). It was established to encourage foreign investment in the U.S. economy and support job creation for qualifying U.S. workers.
Eligible investors must invest the required amount of capital in a qualifying new commercial enterprise and demonstrate that the investment satisfies the applicable job creation requirements.
Unlike many employer-sponsored immigration pathways, the EB-5 program does not generally require a job offer or PERM labor certification. Instead, eligibility is based on the qualifying investment, the source and commitment of funds, the business or project, and the required job creation.
Successful applicants may obtain conditional permanent resident status before applying to remove the conditions, provided they meet the applicable requirements.
Investment Thresholds
The minimum qualifying investment depends on the type and location of the investment and the rules applicable when the petition is filed.
Under the investment thresholds established by the EB-5 Reform and Integrity Act of 2022, the minimum amounts are:
Standard investment: $1,050,000.
Targeted Employment Area (TEA) or qualifying infrastructure project: $800,000.
A TEA generally refers to a qualifying rural area or an area experiencing high unemployment, as defined by applicable law. Eligibility for the reduced investment amount depends on the specific project and the applicable requirements.
These amounts are subject to statutory adjustment. Investors should verify the current minimum investment threshold before making financial commitments or filing a petition.
Investor Eligibility
To qualify for the EB-5 Immigrant Investor Visa, applicants generally must meet requirements that include:
Investing, or being actively in the process of investing, the required amount of capital in a qualifying U.S. commercial enterprise.
Demonstrating that the invested capital was obtained through lawful sources.
Showing that the investment meets the applicable job creation requirements.
Providing appropriate documentation regarding the investment, business, or qualifying regional center project.
Demonstrating that the investment satisfies the applicable capital commitment and other program requirements.
Meeting the relevant immigrant visa and admissibility requirements.
Eligibility depends on the investment structure, business plan, source of funds, and individual circumstances. Making an investment alone does not guarantee approval of an EB-5 petition or a Green Card.
Investor Immigration Support
We help investors understand the general EB-5 eligibility requirements based on their investment objectives, financial circumstances, and intended investment structure. This initial review can help identify relevant immigration requirements and potential documentation needs.
Investors may pursue EB-5 classification through a qualifying direct investment or an eligible regional center investment.
We help applicants understand the general differences between these pathways, including investment documentation, job creation requirements, and the immigration petition process.
Investment selection should also involve appropriate financial, business, and securities due diligence. Immigration eligibility does not guarantee investment returns or protection against financial loss.
Demonstrating that investment capital was lawfully obtained is a critical part of the EB-5 process. Depending on the circumstances, relevant documentation may include tax records, business income records, bank statements, property sale records, inheritance documentation, or evidence of other lawful sources of funds.
We help applicants understand the types of financial and supporting records that may be needed to document the source and movement of investment capital.
The appropriate petition depends on the investment structure. Investors pursuing a direct investment generally file Form I-526, while investors using the regional center program generally file Form I-526E.
We provide guidance on understanding the applicable petition requirements, supporting documentation, investment evidence, and job creation information.
The EB-5 Regional Center Program allows qualifying investors to invest in eligible projects associated with USCIS-designated regional centers. Under the applicable rules, regional center investments may rely on qualifying direct and indirect job creation.
We help applicants understand the general immigration documentation and petition requirements associated with the regional center pathway.
Investors should independently assess project risks, fees, business terms, and the credibility of project information before committing capital.
After the immigrant petition stage, eligible investors may pursue permanent residence through adjustment of status in the United States or consular processing abroad, depending on their circumstances and visa availability.
We help applicants understand the relevant procedures, documentation, and next steps in the immigration process.
EB-5 investors initially receive conditional permanent resident status when they become permanent residents through the program. They generally must subsequently file Form I-829 to demonstrate that the applicable investment and job creation requirements have been satisfied.
We help investors understand the purpose of the petition to remove conditions and the documentation that may be relevant to this stage.
EB-5 Investment Pathways
The EB-5 program offers two principal investment approaches.
A direct EB-5 investment involves investing in a qualifying commercial enterprise, such as an eligible business established or acquired in the United States.
The investment must satisfy the applicable requirements, including the creation of at least 10 qualifying full-time jobs directly through the new commercial enterprise or its wholly owned subsidiaries.
This approach may appeal to investors who wish to establish, operate, or actively participate in a qualifying business.
The Regional Center Program allows investors to invest in qualifying commercial enterprises associated with USCIS-designated regional centers.
Eligible regional center investments may count qualifying indirect job creation, subject to applicable rules and limitations. This structure may be suitable for investors who prefer investing in an eligible project rather than independently operating a business.
Each investment structure has different requirements, documentation considerations, and financial risks. Investors should carefully evaluate the available options before proceeding.
Investor Immigration Journey
Review the investment requirements, potential investment structure, lawful source of funds, and applicable immigration criteria.
Identify an appropriate investment opportunity and assess whether it meets the relevant EB-5 requirements. Consider independent financial and legal due diligence before committing funds.
Gather evidence of the source and path of investment capital, investment commitments, business or project information, and the applicable job creation documentation.
Submit Form I-526 for an eligible standalone investment or Form I-526E for a qualifying regional center investment, following the applicable filing requirements.
After petition approval, eligible applicants may proceed with adjustment of status or immigrant visa processing through a U.S. embassy or consulate, subject to visa availability and other requirements.
If the application is approved and the applicant is admitted or adjusts status, the investor generally becomes a conditional permanent resident for two years.
The investor generally files Form I-829 during the applicable filing period to demonstrate compliance with the requirements for removing the conditions on permanent residence.
Processing times and procedures can vary depending on the petition type, project, visa availability, and individual circumstances.
Derivative Beneficiaries
Eligible EB-5 investors may include their spouse and unmarried children under 21 in the immigration process, subject to the applicable requirements.
Qualifying family members may be eligible for permanent residence as derivative beneficiaries. Their eligibility and timing can depend on factors such as age, marital status, visa availability, and applicable child-status protection rules.
Families should review these requirements carefully when planning their investment and immigration timelines.
Employment Impact
Job creation is one of the central requirements of the EB-5 program. The investment generally must create at least 10 qualifying full-time positions for eligible U.S. workers.
For direct investments, the qualifying jobs generally must be created directly by the new commercial enterprise or its wholly owned subsidiaries.
For eligible regional center investments, qualifying indirect job creation may also be counted, subject to the applicable rules.
Investors must provide appropriate evidence to establish that the required job creation criteria have been or will be met within the applicable period.
Processing Timeline
EB-5 processing times vary according to petition type, USCIS workload, investment structure, project documentation, requests for additional evidence, and immigrant visa availability.
The overall timeline may also depend on the applicant's country of chargeability and whether the relevant visa category is current under the applicable Visa Bulletin.
Investors should review current official processing information before making decisions based on expected approval or travel dates.
Investor Immigration Guidance
The EB-5 process involves detailed immigration requirements, financial documentation, investment evidence, and multiple application stages.
E-Z Immigration helps investors understand the immigration process and identify the requirements relevant to their individual circumstances.
Our support focuses on:
Understanding EB-5 eligibility requirements.
Explaining direct and regional center investment pathways.
Identifying source-of-funds documentation requirements.
Understanding the applicable EB-5 petition procedures.
Explaining the transition from an approved petition to permanent residence.
Understanding the process for removing conditions on permanent residence.
Our goal is to make the immigration process clearer so you can make informed decisions about your investment-based immigration plans.
Frequently Asked Questions
Under the thresholds established by the 2022 EB-5 legislation, the minimum investment is $1,050,000 for a standard qualifying investment or $800,000 for an eligible investment in a targeted employment area or qualifying infrastructure project. Investment thresholds are subject to statutory adjustment, so applicants should verify the current amount before filing.
An EB-5 investment generally must create at least 10 qualifying full-time jobs for eligible U.S. workers. The method used to establish job creation depends on whether the investment is a direct investment or an eligible regional center investment.
Eligible investors may obtain conditional permanent resident status through the EB-5 program if their petition and subsequent immigration application are approved. They must then satisfy the applicable requirements to remove the conditions on their permanent residence.
An eligible investor may generally include a qualifying spouse and unmarried children under 21 as derivative beneficiaries, subject to the applicable immigration requirements.
Not necessarily. Direct investments and regional center investments have different structures. A qualifying regional center investment may allow an investor to participate without personally managing the day-to-day operations of the business, but the investment and immigration requirements must still be satisfied.
No. EB-5 classification does not guarantee financial returns or protect investors against losses. Investment capital must meet applicable program requirements, and investors should independently evaluate the financial and legal risks before committing funds.
Form I-526 is generally used for qualifying standalone EB-5 investments. Form I-526E is generally used for qualifying investments associated with the Regional Center Program.
Investors generally must file Form I-829 during the applicable filing period to request removal of the conditions on their permanent residence. The petition must demonstrate that the relevant EB-5 requirements have been satisfied.
E-Z Immigration provides immigration guidance to help investors understand EB-5 eligibility, petition procedures, supporting documentation, and permanent residence requirements. Contact our team to discuss your circumstances and determine the appropriate next steps.