EB-5 Investor Green Card: Your Path to U.S. Permanent Residency

What is the EB-5 Investment Green Card?

The EB-5 Immigrant Investor Program allows foreign investors to obtain a U.S. green card (permanent residency) by making a qualifying investment in the United States. This program was created to stimulate the U.S. economy by attracting foreign capital and creating jobs for American workers.

Unlike temporary visas, the EB-5 visa grants permanent residency, allowing investors and their families to live, work, and study anywhere in the U.S.

Benefits of the EB-5 Visa

  • Permanent Residency for you, your spouse, and your unmarried children under 21.
  • Freedom to Live and Work Anywhere in the U.S.—no job sponsorship required.
  • Pathway to U.S. Citizenship after 5 years of permanent residency.
  • No Language, Education, or Business Management Requirements.
  • Access to U.S. Education at in-state tuition rates for public universities.
  • Multiple Investment Options: Invest directly in your own business or through a USCIS-approved Regional Center.

EB-5 Visa Requirements

1. Minimum Investment Amount
  • $800,000 – If investing in a Targeted Employment Area (TEA) (rural or high-unemployment areas).
  • $1,050,000 – If investing in a non-TEA location (urban or developed areas).
2. Job Creation Requirement
  • The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years.
3. Lawful Source of Investment Funds
  • You must provide clear documentation proving that your investment funds were obtained legally (e.g., business earnings, property sales, inheritance, etc.).
4. Active or Passive Investment
  • You can invest directly in a business you control or invest passively through a Regional Center.

EB-5 Visa Processing Time

The timeline for EB-5 approval varies based on several factors, including your country of chargeability and USCIS workload.

  • Form I-526E Petition (Initial EB-5 Application): 12-24 months
  • Adjustment of Status (I-485) or Consular Processing: 6-12 months
  • Conditional Green Card Approval: Issued after investment and job creation are verified
  • Removal of Conditions (Form I-829): 18-36 months
Premium Processing Option

As of 2024, premium processing may be available for certain EB-5 applicants, reducing wait times to 45 calendar days for Form I-526E adjudication.

EB-5 Investment Visa Documents Checklist

To successfully apply for an EB-5 visa, you’ll need:

  • Form I-526E (Investor Petition for EB-5 Visa)
  • Proof of Investment Amount ($800,000 or $1,050,000)
  • Business Plan & Financial Projections
  • Proof of Lawful Source of Funds (Tax Returns, Bank Statements, etc.)
  • Regional Center Project Documents (if applicable)
  • Job Creation Evidence
  • U.S. Business Registration & Operating Agreements
  • Passport and Identification Documents
  • Medical Examination Report

Direct EB-5 Investment vs. Regional Center Investment

Direct EB-5 Investment
  • You start and manage your own business.
  • You must directly create at least 10 full-time jobs.
  • Requires active participation in business operations.
  • Suitable for entrepreneurs looking to run their own companies.

Regional Center Investment
    • You invest in a USCIS-approved project (e.g., real estate, infrastructure, hospitality).
    • The Regional Center manages the project, making it a passive investment.
    • Jobs are created indirectly, often through economic impact calculations.
    • Ideal for investors who prefer a hands-off approach.

EB-5 Visa Cost and Filing Fees

  • Form I-526E Filing Fee: $11,160
  • Form I-485 (Adjustment of Status, if applying within the U.S.): $1,140 (+$85 biometrics fee)
  • Form DS-260 (Consular Processing, if applying from abroad): $325
  • Form I-829 (Removal of Conditions): $3,750
  • Attorney Fees (Optional): $10,000 – $25,000
  • Regional Center Administration Fees (if applicable): $50,000 – $70,000

Common Reasons for EB-5 Visa Denial

  • Insufficient Investment Amount – Failing to meet the minimum $800,000/$1,050,000 requirement.
  • Failure to Prove Lawful Source of Funds – Lack of clear documentation for investment funds.
  • Unclear Business Plan – A weak or incomplete business plan.
  • Failure to Create Jobs – Not meeting the 10 full-time jobs requirement.
  • Regional Center Issues – Investing in a non-compliant or fraudulent Regional Center project.

What to Do If Your EB-5 Petition Is Denied?

If your EB-5 visa is denied, you have several options:

  • File an Appeal or Motion to Reconsider with USCIS.
  • Reapply with stronger documentation and evidence of eligibility.
  • Explore Other Immigration Options, such as the E-2 Investor Visa or EB-1 Green Card.
  • Consult an EB-5 Attorney to determine the best course of action.

Frequently Asked Questions (FAQs) About the EB-5 Visa

Yes, your spouse and unmarried children under 21 will also receive green cards.

Yes! You are not restricted to the business you invested in. You can work for any employer, start another business, or retire.

No, you can live anywhere in the U.S., regardless of where your EB-5 investment is based.

Yes, but it must be secured by your personal assets, not the EB-5 business.

After five years of permanent residency, you can apply for U.S. citizenship.

Why Choose a Professional Consultant for Your EB-5 Visa?

The EB-5 process is complex, requiring significant legal, financial, and business documentation. Working with an experienced consultant or attorney can:

  • Ensure USCIS compliance and reduce errors.
  • Assist in securing legitimate investments through Regional Centers.
  • Prepare strong financial documentation for proving lawful source of funds.
  • Maximize your chances of approval and avoid costly mistakes.

Start Your EB-5 Green Card Process Today!

Are you ready to make the U.S. your home through the EB-5 Investor Visa? Our experienced immigration consultants are here to guide you through every step of the process.

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