The EB-5 Immigrant Investor Program offers a path to U.S. permanent residency for foreign investors who inject capital into qualifying American enterprises and help create jobs for U.S. workers. Established by Congress in 1990, the program is regulated by the United States Citizenship and Immigration Services (USCIS) and serves dual goals: supporting the U.S. economy and offering eligible investors a lawful route to live and work in the United States.
This article focuses on explaining what the EB-5 program is, how it works, and what investors need to consider before applying.
What Is the Purpose of the EB-5 Program?
The EB-5 visa was created to attract foreign capital and stimulate economic growth through job creation. It allows investors and their immediate family members—spouse and unmarried children under 21—to apply for a U.S. green card by meeting specific investment and job creation requirements.
In doing so, it provides an alternative to traditional immigration routes such as employer or family sponsorship.
How Much Do You Need to Invest?
The program sets two levels of capital investment:
$800,000: For projects located in Targeted Employment Areas (TEAs), which include high-unemployment or rural areas.
$1,050,000: For projects outside of TEA zones.
The investment must be at-risk and sourced from lawful means. Investors are required to submit thorough documentation to prove the origin of their funds, whether from business income, sale of property, inheritance, or other legal channels.
What Counts as Job Creation?
The investor must prove that their investment will create or preserve a minimum of ten full-time jobs for qualified U.S. workers. These positions must:
Be full-time (at least 35 hours per week).
Last a minimum of two years.
Be created within a reasonable time after the investor enters the U.S. on a conditional green card.
Depending on the investment model, jobs may be direct (hired by the business itself) or indirect (resulting from construction, suppliers, or related services).
Direct vs Regional Center Investment Models
There are two main ways to participate in the EB-5 program:
Direct Investment:
Investor manages or oversees the business.
All jobs must be direct and on the company’s payroll.
Suitable for experienced entrepreneurs who want operational control.
Regional Center Investment:
Investor contributes to a pooled fund managed by a USCIS-approved Regional Center.
Allows for counting of indirect and induced jobs.
Ideal for passive investors looking for a hands-off approach.
The EB-5 Visa Application Process
Select a qualifying project (direct or regional center).
File Form I-526 or I-526E with USCIS, including documentation of the investment and lawful source of funds.
Obtain conditional green card upon approval of I-526 and consular processing or adjustment of status.
File Form I-829 within two years to remove conditions, proving the investment was sustained and the jobs were created.
Receive permanent green card upon I-829 approval.
Key Advantages of the EB-5 Program
Green cards for the investor, spouse, and children under 21.
No need for employer or family sponsorship.
Freedom to live and work anywhere in the U.S.
Access to public education and potential in-state tuition benefits.
Opportunity to apply for U.S. citizenship after five years of permanent residency.
Risks and Considerations
The EB-5 visa is a significant opportunity, but it carries some risks:
Project failure may impact job creation or capital return.
Source of funds issues can lead to petition denial if documentation is insufficient.
Long processing times and visa retrogression can affect investors from high-demand countries.
Exit strategies vary across projects, especially in real estate or infrastructure.
The EB-5 program is a well-regulated path to U.S. permanent residency through investment. While it requires careful planning and due diligence, it can offer long-term benefits for families seeking opportunity, education, and lifestyle in the United States.
For those considering this route, it is essential to work with experienced EB-5 advisors, attorneys, and project sponsors to navigate the process with confidence and compliance.
