Understanding the EB-5 Visa: A Pathway to U.S. Residency Through Investment
If you’re looking for a way to immigrate to the United States and have the means to make a qualifying investment, the EB-5 Immigrant Investor Program might be an option worth exploring. Established by Congress in 1990, the EB-5 Visa allows eligible foreign investors to obtain U.S. permanent residency (a “Green Card”) by investing in the American economy and creating jobs for U.S. workers.
What is the EB-5 Visa?
The EB-5 Visa is designed to stimulate the U.S. economy through job creation and capital investment by foreign investors. In exchange for making a qualifying investment in a U.S. business or project, and meeting certain job creation requirements, the investor—and their spouse and unmarried children under 21—can become lawful permanent residents of the United States.
Key EB-5 Requirements
To qualify for an EB-5 Visa, an investor must generally:
Make a Minimum Investment
Standard investment: $1,050,000
Targeted Employment Area (TEA) investment: $800,000 (TEAs are rural areas or areas with high unemployment)
Create or Preserve Jobs
The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States.Invest in a New Commercial Enterprise
The business can be a new company, or an existing business that is restructured or expanded, as long as it meets EB-5 program requirements.
Two Main Investment Options
Direct Investment: The investor is directly involved in managing or overseeing the business that creates jobs.
Regional Center Investment: The investor puts funds into a USCIS-approved “Regional Center” project, which manages the business and job creation process. This is the more common route, as it can simplify meeting job creation requirements.
The General EB-5 Process
While each case is unique, the EB-5 process generally follows these steps:
Choose a Qualifying Investment
Decide whether to invest directly in your own business or through a Regional Center. Perform thorough due diligence before committing funds.File Form I-526E (Immigrant Petition by Regional Center Investor) or I-526 (for Direct Investors)
This petition demonstrates to U.S. Citizenship and Immigration Services (USCIS) that you meet the EB-5 program’s investment and job creation requirements.Consular Processing or Adjustment of Status
If you are outside the U.S., you will apply for an immigrant visa through the U.S. consulate in your home country.
If you are already in the U.S. on a valid visa, you may apply to adjust your status to permanent residency.
Conditional Green Card
Approved investors and qualifying family members receive a two-year conditional Green Card, allowing them to live, work, and study anywhere in the United States.File Form I-829 (Petition to Remove Conditions)
Within 90 days before the two-year anniversary of your conditional residency, you must file this petition to prove that your investment was sustained and that the job creation requirement was met. Upon approval, you receive a permanent Green Card.
Why Legal Guidance is Important
The EB-5 process is complex and involves significant financial and immigration considerations. An experienced immigration attorney can:
Help evaluate qualifying investments
Ensure all USCIS documentation is properly prepared
Guide you through compliance with EB-5 rules and deadlines
Coordinate with financial and tax advisors for a smooth process
Final Thoughts
The EB-5 Visa can be a powerful opportunity for those who wish to invest in the U.S. and gain permanent residency for themselves and their immediate family. However, because the process is detailed and the stakes are high, professional guidance is essential to avoid costly mistakes.
If you’re considering the EB-5 program, The Law Office of Michelle Prasad, PLLC can provide a full evaluation of your eligibility, guide you through each stage of the application, and work to protect both your immigration goals and your investment.
Contact my office today to schedule a consultation and start exploring your path to U.S. residency through the EB-5 Visa program