The EB-5 visa is an employment-based, fifth-preference immigrant visa for foreign investors who make a substantial financial investment in a U.S. business that creates or preserves jobs for American workers. This visa provides a pathway to U.S. permanent residency (green card) for the investor, their spouse, and unmarried children under 21.
Eligibility Requirements
Investment Amount
Standard Investment: At least $1,050,000 in a new commercial enterprise.
Targeted Employment Area (TEA) Investment: At least $800,000 in a business located in a TEA, which includes:
Rural areas.
Areas with high unemployment (150% of the national average).
2. Job Creation
The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the U.S. as a conditional permanent resident.
3. New Commercial Enterprise
The investment must be in a for-profit business established after November 29, 1990.
If the business was established earlier, it must have been restructured or expanded significantly.
4. At-Risk Investment
The funds must be “at risk,” meaning they are actively invested in the business and not guaranteed for return.
5. Source of Funds
The investor must prove that the investment funds were obtained legally, through income, savings, loans, or gifts.
Application Process
Step 1: Choose an Investment Option
Direct Investment: Invest directly into a new commercial enterprise you own or control.
Regional Center Program: Invest through a designated Regional Center that pools investments for large-scale projects like real estate developments. (This option is popular due to fewer management responsibilities.)
Step 2: File Form I-526E (Immigrant Petition by Standalone Investor)
Submit Form I-526E to U.S. Citizenship and Immigration Services (USCIS) to establish eligibility for the EB-5 program.
Include:
Evidence of the investment.
Proof of the lawful source of funds.
Business plan showing job creation.
Pay the required filing fee ($3,675 as of 2024).
Step 3: Wait for USCIS Processing
USCIS will review the petition, which can take months to years depending on the complexity of the case and the investor’s country of origin.
Step 4: Adjustment of Status or Consular Processing
Once the I-526E petition is approved and a visa number is available (check the Visa Bulletin):
If inside the U.S.: File Form I-485 (Application to Register Permanent Residence or Adjust Status) to become a conditional permanent resident.
If outside the U.S.: Complete Form DS-260 (Immigrant Visa Application) and attend an interview at a U.S. embassy or consulate.
Step 5: Conditional Green Card
Approved applicants and their eligible family members receive a conditional green card valid for two years.
Step 6: File Form I-829 (Remove Conditions)
Within the final 90 days of the two-year conditional residency period, file Form I-829 (Petition by Investor to Remove Conditions).
Include evidence that:
The investment has been sustained.
The required jobs have been created or preserved.
Once USCIS approves the I-829 petition, the conditions are removed, and the investor receives a 10-year green card.
Family Members
Provides a pathway to permanent residency for individuals who may not qualify under other employment-based categories.
Many subcategories do not require labor certification (PERM).
Some groups, like Special Immigrant Juveniles, are not required to have a job offer.
Benefits of EB-5 Visa
Permanent residency for the investor and family.
Freedom to live, work, and study anywhere in the U.S.
No employer sponsorship required.
No requirement for extraordinary skills, education, or experience.
Challenges
High financial threshold.
Risk of losing investment funds if the business fails.
Long processing times for applicants from high-demand countries like China and India.