How to Get a U.S. Green Card Through the EB-5 Visa in 2025

25.11.25 11:47 AM - By Team

How to Get a U.S. Green Card Through the EB-5 Visa in 2025

Getting a U.S. green card is a dream for many investors and entrepreneurs worldwide. But navigating the immigration system can feel overwhelming. What if there was a clear, predictable path to permanent residency? One where you knew exactly what to invest, how long it takes, and what results to expect?


That's exactly what the EB-5 visa program offers.


Since 1990, over 50,000 investors and their families have used the EB-5 visa to secure their American dream. And after major reforms in 2022, the program is now more transparent and secure than it's ever been.


At Waahe EB5 Visa, we've helped hundreds of families successfully navigate this process. In this comprehensive guide, we'll walk you through everything you need to know about the EB-5 visa in 2025, from investment requirements to processing timelines.



Here's what we'll cover:

  • What the EB-5 visa actually is (and why it matters)
  • Exact investment amounts for 2026
  • Complete requirements checklist
  • Step-by-step application process
  • TEA vs. non-TEA: which is right for you
  • Real timelines you can expect
  • How recent reforms protect your investment


What Is the EB-5 Visa Program?



The EB-5 visa is America's investment immigration program. Here's how it works in simple terms: You invest a specific amount of money into a qualifying U.S. business. That business creates jobs for American workers. In return, you and your immediate family receive U.S. green cards.


Who qualifies for your green card?

  • You (the main investor)
  • Your spouse
  • Your unmarried children under 21

Once you have your EB-5 visa green card, you can live anywhere in the U.S., work for any employer, start businesses, and travel freely. Your children can attend American schools and universities as domestic students.


After five years as a green card holder, you can even apply for U.S. citizenship.



How Much Do You Need to Invest?



This is usually the first question investors ask us. The answer depends on where your chosen project is located.


The Two Investment Levels


Option 1: $800,000 Investment


This lower amount applies to Targeted Employment Areas (TEAs):

  • Rural areas: Counties outside metropolitan statistical areas
  • High unemployment zones: Areas with 150% of the national unemployment average
  • Infrastructure projects: Government-designated critical infrastructure

Option 2: $1,050,000 Investment


This standard amount applies to all other locations, typically urban or affluent areas.



Which Should You Choose?


Most investors are choosing TEA projects, and for good reason. Beyond the lower investment amount, TEA projects offer something even more valuable: reserved visa allocations.


This means:

  • Faster processing times
  • No visa backlogs
  • Priority treatment from USCIS

For investors from countries like India and China that face long wait times in other immigration categories, this makes TEA projects especially attractive.



Complete EB-5 Visa Requirements Checklist



Let's break down exactly what USCIS requires from EB-5 visa applicants in 2025.


1. Lawful Source of Funds


This is non-negotiable. You must prove every dollar came from legal sources.


Acceptable sources include:

  • Employment salary and bonuses
  • Business profits and dividends
  • Real estate or property sales
  • Inheritance or gifts
  • Loans secured by assets
  • Investment returns

What you need to provide:

  • Bank statements showing fund accumulation
  • Tax returns from recent years
  • Business financial records
  • Sale agreements or inheritance documents
  • Gift letters with donor's fund source documentation

USCIS scrutinizes this carefully. Your money trail must be crystal clear.



2. Job Creation Requirement


Your investment must create or preserve at least 10 full-time jobs for qualified U.S. workers.


Important details:

  • Jobs must be created within two years of receiving your conditional green card
  • Full-time means at least 35 hours per week
  • Workers must be U.S. citizens, green card holders, or authorized workers
  • You and your family don't count toward the 10 jobs

Most Regional Center projects create far more than 10 jobs, giving you a comfortable margin of safety.



3. Capital at Risk


This is a real business investment, not a guaranteed loan.


Your money must be genuinely at risk. You cannot have:

  • Buyback guarantees during the sustainment period
  • Promised fixed returns before conditions are removed
  • Redemption rights that eliminate risk

The investment must have the potential for both profit and loss.



4. Active Investment in a Commercial Enterprise


Your funds must go into an actual for-profit business operating in the U.S.


This can be:

  • A new commercial enterprise you start
  • An existing business that you expand
  • A troubled business that you rescue and restructure
  • A Regional Center-sponsored project

Most investors choose Regional Center projects because they're passive investments with professional management.



5. Clean Background and Admissibility


You must pass standard immigration screenings:

  • No serious criminal history
  • No immigration violations
  • No national security concerns
  • Meet health requirements

If you've traveled to the U.S. before without issues, you'll likely be fine.



Understanding Your Two Investment Paths



You have two main options for structuring your EB-5 visa investment.



Regional Center Investment (Most Popular)



What it is: You invest through a USCIS-approved Regional Center that manages a specific project. You're a passive investor.


Why investors prefer it:

  • No day-to-day management required
  • Professional project oversight
  • Indirect job creation counts (jobs created in related industries)
  • Proven track record with thousands of successful cases
  • Geographic flexibility (you can live anywhere in the U.S.)

Best for: Investors who want a hands-off approach and plan to work or do other things after moving to the U.S.



Direct Investment


What it is: You invest directly in a business you actively manage and operate.


Key requirements:

  • You must be involved in day-to-day management or policy formation
  • Only direct jobs count (people your business directly employs)
  • More documentation and compliance responsibilities

Best for: Entrepreneurs who want to run their own U.S. business and have relevant experience.


The reality: Over 95% of EB-5 visa applicants choose the Regional Center route. It's simpler, less risky, and gives you more freedom after arriving in the U.S.



The EB-5 Visa Process: Your Complete Timeline


Understanding the timeline helps you plan your family's future realistically. Here's the complete process broken into clear stages.



Stage 1: I-526 Petition (Proving Your Investment)


What happens: You file Form I-526 (or I-526E for Regional Centers) with USCIS. This petition proves your investment qualifies and shows the project will create the required jobs.


Processing times:

  • TEA projects: 6 to 12 months
  • Non-TEA projects: 18 to 36+ months

What you need:

  • Complete source of funds documentation
  • Project business plan
  • Economic analysis showing job creation
  • Evidence of investment made

This is the most document-intensive stage. Getting it right the first time prevents delays.



Stage 2: Getting Your Conditional Green Card


Once USCIS approves your I-526 petition and a visa number is available, you apply for your actual green card.


Two routes:

If you're in the U.S.: File Form I-485 for adjustment of status.

If you're outside the U.S.: Complete consular processing at a U.S. embassy (DS-260).


Timeline: 8 to 12 months after I-526 approval


What you receive: A conditional green card valid for two years. It works exactly like a regular green card, with just one difference: you need to remove the conditions later.



Stage 3: I-829 Petition (Removing Conditions)


When to file: Within 90 days before your two-year conditional green card expires.


What you prove:

  • Your investment remained at risk for the full sustainment period
  • The required 10 jobs were created and maintained
  • You met all EB-5 program requirements

Timeline: 8 to 36 months for processing


What you receive: Your permanent, unconditional green card with no expiration conditions.


StageTEA Projects (Reserved)Non-TEA Projects (Unreserved)
I-526 Processing6-12 months18–36+ months
Visa AvailabilityImmediate or Priority Subject to retrogression 
I-485 / DS-260

8-12 months8-12 months
StageTEA ProjectsNon-TEA Projects
I-526 Processing6-12 months18-36+ months
Visa AvailabilityImmediateMay have delays
Green Card Application8-12 months8-12 months
Conditional Status Period2 years2 years
I-829 Processing8-36 months8-36 months
Total Time3-5 years4-7+ years

TEA vs. Non-TEA Projects: Making Your Choice

This decision impacts your investment amount, timeline, and visa availability. Let's compare them directly.


TEA Projects: The Strategic Choice


Advantages:

  • Lower investment: $800,000 vs. $1,050,000
  • Reserved visas: 32% of annual EB-5 visas are set aside for TEA categories
  • Faster processing: Priority handling by USCIS
  • No retrogression: Even investors from India and China face no backlogs
  • Better value: Same green card outcome for $250,000 less

Considerations:

  • Projects may be in less familiar locations
  • Exit strategies vary by project type
  • Due diligence is essential

Best for: Investors from high-demand countries, those prioritizing visa speed, or anyone wanting to minimize investment amount.


Non-TEA Projects: The Traditional Route


Advantages:

  • Major urban market locations
  • Traditional real estate models
  • Established markets and economies
  • Often more predictable exit strategies

Considerations:

  • Higher investment required ($1,050,000)
  • Subject to visa backlogs and country-specific delays
  • Much longer I-526 processing times
  • No priority treatment

Best for: Investors from countries without visa backlogs who prioritize location over processing speed.


Our Recommendation

For most investors in 2025, especially those from India, China, Vietnam, or other countries facing retrogression, TEA projects make more strategic sense. You get:

  • A green card faster
  • $250,000 less capital requirement
  • The same permanent residency outcome

The location matters less than you might think. Once you have your EB-5 visa green card, you can live and work anywhere in the United States.


How the 2022 Reform Act Protects You

The EB-5 Reform and Integrity Act of 2022 transformed the program fundamentally.

These changes directly benefit investors.


Mandatory Fund Administration


What it means: Projects must use independent third-party fund administrators or undergo annual audits.

Why it matters: Your money is tracked independently. Developers can't misuse funds. You get regular financial reports.


Developer Background Checks


What it means: All project developers and principals must pass USCIS background checks before project approval.

Why it matters: Bad actors are filtered out before you invest. Only legitimate developers can sponsor EB-5 projects.


Complete Fee Transparency


What it means: Projects must disclose all fees, commissions, revenue structures, and financial arrangements upfront.

Why it matters: No hidden costs. You know exactly where every dollar goes. You can evaluate projects accurately.


Reserved Visa Categories

What it means: 32% of annual EB-5 visas are reserved specifically for:

  • Rural projects (20%)
  • High unemployment areas (10%)
  • Infrastructure projects (2%)

Why it matters: No competition with other categories. Faster processing. No visa backlogs, even for high-demand countries.


Important Eb5 Visa 2025-26 Updates


Three key developments affect EB-5 visa applicants this year.


Visa Cap Reached for Unreserved Category


The non-TEA category hit its annual limit in fiscal year 2025.

What this means: If you're considering a non-TEA investment, visa availability may be delayed until October 1, 2025, or later.

TEA projects are not affected. Reserved categories still have immediate visa availability.


Heightened Source of Funds Scrutiny


USCIS is examining fund documentation more carefully in 2025, especially for:

  • Complex corporate structures
  • Funds from politically sensitive regions
  • Cryptocurrency conversions
  • Gift funds

What you should do: Prepare documentation early. Work with experienced advisors. Ensure your money trail is pristine.


Sustainment Period Clarification


Recent court rulings confirmed the two-year sustainment period starts when your funds are placed at risk, not when you receive your green card.


What this means: Your investment timeline may be longer than expected. Exit strategies need careful planning. Choose projects with clear 5-7 year horizons.


Red Flags to Watch For


Not all EB-5 projects are created equal.


Watch for these warning signs:

Project Red Flags:

  • Guaranteed returns during the sustainment period
  • Unclear or missing economic analysis
  • Developer with no track record
  • Refusal to provide detailed financial information
  • Pressure to invest quickly
  • Project hasn't started construction yet claims immediate job creation

Regional Center Red Flags:

  • Not currently USCIS-approved (verify on USCIS website)
  • History of project failures
  • Unusual fee structures
  • Limited transparency
  • No third-party fund administration

Documentation Red Flags:

  • Rushing your source of funds preparation
  • Suggesting you omit information
  • Creating documents that aren't strictly accurate
  • Using the same economic report for multiple projects

Trust your instincts. If something feels off, investigate further or walk away.



The EB-5 visa remains one of the most powerful tools for obtaining a US green card with investment.

After the 2022 reforms, it's safer and more transparent than ever. Processing times are improving. Reserved categories give strategic investors clear advantages.



But success requires three things:

  1. Proper planning: Understanding requirements and timelines
  2. Quality projects: Choosing investments with strong fundamentals
  3. Expert guidance: Working with advisors who prioritize your interests

At Waahe EB5 Visa, we're committed to providing all three.


Your American dream is within reach. Let's make it happen together, the right way.

Contact Waahe EB5 Visa today to schedule your confidential consultation and receive early access to our 2026 project details.




About Waahe EB5 Visa


Waahe EB5 Visa specializes in helping international investors navigate the EB-5 visa program successfully. With expertise in immigration law, real estate development, and economic analysis, we provide comprehensive guidance from initial consultation through green card approval. 


Download our current project investment deck.  (Ready-to-invest TEA Project)





Team