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EB5 Basics

What is EB-5?

EB-5 is a visa category that allows for immigration by investment into the United States. Under this program, a single investment can allow the investor, their spouse, and unmarried children under age 21 to receive a permanent visa (green card).

What is a qualifying EB-5 investment? $800,000 for TEA (Targeted Employment Area) projects; $1,050,000 for non-TEA projects. The investment project must create or preserve (if a “troubled business”) at least 10 qualifying jobs per EB-5 investor.

The EB-5 program is administered by United States Citizenship & Immigration Services (USCIS). Congress created the EB-5 program in 1990 to stimulate the U.S. economy. In 1992, Congress added the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers designated by USCIS.

The EB-5 process starts with researching and committing to an eligible investment project. Focus on finding a project in a rural or TEA area if you want the potential benefits of lower capital requirements and priority processing. After choosing your project and completing the $800,000 (or $1,050,000 for non-TEA) investment, your attorney will file Form I-526E on your behalf to officially start your EB-5 petition.

Immigration through the EB-5 program can have many advantages:

  • US Green Card. EB-5 visas provide lawful permanent residence for the investor and certain family members.
  • Self-Petition. EB-5 does not require an offer of employment, family sponsorship, or lottery.
  • Flexibility. As a permanent resident, the EB-5 investor can live and work anywhere in the U.S. without restrictions.
  • Speed. For nationals of many countries, the EB-5 visa is one of the fastest paths to a green card.
  • Education. U.S. residency offers educational benefits and may facilitate college admissions and reduce tuition costs.
  • Open. There are no educational, business background, or language requirements for EB-5 investors or their family members.
  • Passive. The EB-5 investor need not majority-own, personally manage, or live near the investment project.
  • Investment. The EB-5 investor makes a single investment, and has the possibility to receive a return of the invested capital.
  • Permanent. The EB-5 investor and qualifying dependents are eligible for citizenship after five years of permanent residency.

Obtaining permanent residency through the EB-5 program involves a series of 5 steps.

  1. Selection. Identify an appropriate EB-5 project for investment. Advisors and agents can help to identify and evaluate projects.
  2. Investment. Prepare the required capital investment. The minimum qualifying EB-5 investment amount is $1,050,000, or $800,000 if the project is located in a Targeted Employment Area (TEA). Consult with immigration advisors regarding strategy for source of funds, and how to transfer funds to the project.
  3. Immigrant Petition. After making a qualifying investment in an EB-5 project, file a Form I-526E petition with USCIS. The I-526E petition provides evidence regarding the investment project and source of investment funds. If the applicant is in the U.S. on a nonimmigrant visa (H-1B, F-1, L-1 etc.) they can concurrently file for adjustment of status (Form I-485), as well as apply for temporary work authorization (EAD card) and travel authorization (Advance Parole).
  4. Conditional Green Card. If the applicant is outside of the U.S., they may file for conditional permanent residency after I-526E approval. The applicant may file a visa application with the U.S. Department of State. Applicants that are in the U.S. and have filed the I-485 will automatically be processed for their conditional green card provided there is visa availability for their country of birth. The monthly Visa Bulletin indicates which countries have EB-5 visas currently available. Upon approval, the applicant, the applicant’s spouse, and any qualifying children receive two-year green cards and can enter the United States.
  5. Unconditional Green Card. Within 90 days of the end of the two-year conditional permanent residency period, submit a Form I-829 petition to remove conditions. This petition provides evidence that the EB-5 investment was sustained and has created jobs. When USCIS approves the I-829 petition, the investor and family members become permanent residents without condition. They have the option to become U.S. citizens after five years from when they became conditional permanent residents provided they have been in the country for more than half the time.

The EB-5 program has no age, language, education, business experience, or nationality restrictions for EB-5 investors or their family members. However, investors must be able to prove with documentary evidence that they acquired the invested funds legally.

Acceptable sources of EB-5 investment funds include:

  • Accumulation of income/savings
  • Earnings/dividends from business
  • Gifts or loans that are legitimately sourced
  • Inheritance
  • Profits made from sale of real estate property
Immigrants through the EB-5 program must also be able to pass a consular screening interview, a criminal background check, and a medical check.

A TEA, or Targeted Employment Area, is a special area designated for EB-5 investment. There are two main types of TEAs:

  • Rural Areas: Places not near big cities and have less than 20,000 people.
  • High-Unemployment Areas: Urban areas that have unemployment rates of at least 150% of the national average.

Investing in a TEA allows investors to contribute $800,000—lower than the standard $1,050,000 investment threshold. TEAs are prioritized because they create jobs and boost economic growth in areas that need it the most.

If EB-5 laws change after you apply, typically, your application will be reviewed based on the laws that were effective at the time you submitted it. This is called “grandfathering,” which means old applications are often protected from new rules. However, it’s important to stay informed about changes in the law, as some aspects, like processing times and fees, may still affect you. Always consult with an immigration expert to understand how potential changes might impact your specific case.

No, you do not need to speak English to apply for an EB-5 visa. The EB-5 program is about investing $800,000 in a project that creates jobs in the U.S., not about your language skills. However, knowing some English might help you when living or doing business in the U.S. Here are a few reasons why:

  • Day-to-day activities will be easier.
  • Communicating in English can help if you decide to work or start a business.
  • It may help you connect and integrate with the community better.

Overall, English is not a requirement, but it can be beneficial.

A Targeted Employment Area, or TEA, is a special area defined in the EB-5 Immigrant Investor Program. It is either a rural area or a place with high unemployment compared to the national average. Investing in a TEA can be advantageous because the minimum investment amount is lower, typically $800,000, which is less than the regular EB-5 investment requirement. This encourages investments in areas that need economic growth. A TEA designation can help investors who want to qualify for a green card by investing in U.S. projects that create jobs.
The EB-5 visa is a program that lets international investors get a U.S. green card by investing in an American business. You must invest $800,000 in a project that creates at least 10 full-time jobs in the U.S. Most of these projects are in areas needing development, like rural regions. Once your investment meets program requirements, you, your spouse, and unmarried children under 21 can live, work, and study in the U.S. It’s a path to permanent residency and potentially U.S. citizenship.
The EB-5 Immigrant Investor Program is a permanent U.S. visa program. It was created by the Immigration Act of 1990 to encourage foreign investment in the United States. The program offers a path to a green card for eligible investors and their families when they invest $800,000 or more in job-creating projects. Though the program itself is permanent, specific rules and investment amounts can change. To be sure you’re getting the latest information, always check with trusted sources or speak with a qualified immigration professional.
Each year, the U.S. government allocates 10,000 EB-5 visas for investors and their immediate family members. This number includes both principal investors and their eligible family members who apply for permanent residency (green cards) through the EB-5 Immigrant Investor Program. The program requires investors to create or preserve 10 full-time jobs in the U.S. through their investments in qualified projects. It’s important to note that the exact number of visas issued can vary each year based on demand and other immigration factors.

For a project to qualify for the EB-5 Immigrant Investor Program, it must meet certain criteria set by the USCIS. Here’s what makes a project eligible:

  • Job Creation: The project must create or preserve at least 10 full-time jobs for U.S. workers per investor.
  • Investment Amount: Typically, an investment of $800,000 is required for projects in Targeted Employment Areas (TEAs) or rural areas. Otherwise, the threshold is $1,050,000.
  • Rural or TEA Designation: Projects in rural areas or TEAs often have priority processing and lower investment amounts.
  • USCIS Compliance: The project must comply with USCIS rules and have a clear fund structure. Approval of Form I-956F helps show compliance.

The EB-5 Immigrant Investor Program allows you to get a U.S. green card by investing in a job-creating project. Here’s how it works:

  1. Investment: Put $800,000 into a qualifying project. These projects should be creating at least 10 jobs.
  2. Petition Approval: Submit an I-526 petition to start the process. If approved, it means your investment meets USCIS requirements.
  3. Conditional Green Card: Once approved, you and your family get a conditional green card for two years.
  4. Remove Conditions: After two years, prove the project created the jobs, and file an I-829 petition. Once approved, conditions are removed, and you become a permanent resident.

The EB-5 Immigrant Investor Program allows for two main types of investments: pooled investment and direct EB-5.

  • Pooled Investment (Regional Center): In this approach, multiple investors contribute money to a larger project managed by a USCIS-approved Regional Center like EB5 Coast to Coast. It benefits from indirect job creation, making it easier to meet job requirements.
  • Direct EB-5 Investment: Here, investors start or invest in their own business to meet job creation requirements more directly. This route requires creating 10 full-time jobs through direct employment.

Choosing between the two depends on preference for hands-on management, desired control, and risk tolerance.

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