What Is the EB-5 Visa?
Launched in 1990 by the U.S. Congress, the EB-5 visa program aims to stimulate the U.S. economy through job creation and foreign capital investment.
In exchange for a qualifying investment, eligible applicants receive a U.S. Green Card (lawful permanent residency) for themselves, their spouse, and unmarried children under 21.
If your family doesn’t plan to relocate to the U.S., the EB-5 program can still be a valuable tool. You can apply for the EB-5 visa solely on behalf of your child — for example, if they are studying or planning to study in the U.S. This allows your child to obtain a Green Card and build their future in America, without requiring the entire family to immigrate.
How Much Do You Need to Invest?
To qualify for the EB-5 visa, you must invest one of the following amounts in a new commercial enterprise in the United States:
- $800,000 in a Targeted Employment Area (TEA) — a rural area or one with high unemployment
- $1,050,000 in a non-TEA location
Additionally, your investment must lead to the creation (or preservation) of at least 10 full-time jobs for U.S. workers.
EB-5 Investment Options
As an EB-5 applicant, you have two main options for making your qualifying investment: Direct Investment or Regional Center Investment. Both paths lead to the same result — a U.S. green card — but they differ significantly in terms of your level of involvement, risk exposure, and job creation requirements.
Direct Investment
Direct investment means you’re actively investing in your own business in the United States — either by starting a new commercial enterprise from scratch or expanding an existing one. In this model, you are directly responsible for running the business and managing daily operations.
This option offers more control and potentially higher financial returns, but it also comes with more responsibility and risk. You must demonstrate that your business will create at least 10 full-time jobs for U.S. workers. These jobs must be direct, meaning the employees are hired by your business, not contractors or indirect roles.
Direct EB-5 investments are typically chosen by experienced entrepreneurs who want to build and manage a company in the U.S. and are comfortable taking on the administrative and legal complexity that comes with operating a business in a foreign country.
Regional Center Investment
A Regional Center is an entity that pools capital from multiple EB-5 investors to fund larger projects — usually in real estate, infrastructure, or economic development. These investments are managed by professional developers and do not require the investor to be involved in day-to-day management.
Regional Centers are commercial entities that must receive authorization from USCIS to operate EB-5 projects.
One of the key advantages of the Regional Center model is how job creation is calculated. Unlike direct investments, Regional Center projects can count indirect and induced jobs (e.g., jobs created through construction, supply chains, or local economic activity) — which often makes it easier to meet the EB-5 job creation requirement.
This is the most popular path for EB-5 applicants, particularly for those who prefer a passive investment and are focused on obtaining the green card with minimal time commitment or operational responsibility. However, it’s essential to conduct thorough due diligence, as Regional Center investments still carry financial and immigration risks.
How the EB-5 Visa Works: Step-by-Step
Here’s a simplified overview of the EB-5 immigration process — from initial planning to receiving your Green Card:
1. Define Your Immigration Goals
Decide who will apply for the Green Card: yourself, your entire family, or just a child who will live in the U.S. Keep in mind that obtaining a Green Card comes with responsibilities — such as maintaining physical presence in the U.S. and reporting worldwide income for tax purposes.
2. Choose a Qualified EB-5 Immigration Attorney
Before reviewing projects or transferring funds, hire a U.S.-licensed immigration attorney who specializes in the EB-5 program. A good attorney will guide you through USCIS requirements, source of funds documentation, and the petition process.
Pro tip: Choose an attorney who does not promote Regional Centers projects — this ensures unbiased legal advice.
3. Select an EB-5 Project
Work with your EB-5 advisor — or conduct your own research — to evaluate suitable investment options. Consider key factors like risk level, job creation methodology, exit strategy, and the Regional Center’s track record. Make sure to perform full due diligence before committing your funds.
4. Invest the Required Capital
Invest $800,000 (or $1,050,000 for non-TEA projects) into the selected EB-5 project. Funds must be “at risk” for the purpose of generating return and job creation.
5. File the I-526E Petition
Your attorney submits Form I-526E (or I-526 for direct investors) to USCIS with documentation proving lawful source of funds, job creation plans, and project details.
6. Wait for USCIS Adjudication
Processing times vary depending on your country of citizenship and project type. Some TEA investments may qualify for priority processing.
7. Apply for a Visa
Once your I-526E is approved, you can apply for an immigrant visa through a U.S. consulate. If you were already in the U.S. on another visa at the time of filing your I-526E, you may be eligible to adjust your status and wait for Green Card approval without leaving the country.
8. Receive Conditional Green Card
You and your eligible family members receive a 2-year conditional Green Card. During this time, the project must fulfill job creation requirements.
9. Remove Conditions – File I-829
Within 90 days before the 2-year Green Card expires, your attorney files Form I-829 to prove that your investment was sustained and created at least 10 jobs. Upon approval, the conditions are removed.
10. Receive Permanent Green Card
After your I-829 is approved, you and your family receive 10-year permanent Green Cards — renewable and with no further investment obligations.
Key Benefits of the EB-5 Visa
- Green Cards for the entire family
- No language, education, or business experience required
- Live, work, and study anywhere in the U.S.
- Path to U.S. citizenship after 5 years of permanent residency
- Flexibility — no need for employer sponsorship
Risks and Considerations
- Investment must be at risk — there are no guaranteed returns
- Project failure could jeopardize your green card
- Delays in processing due to USCIS backlogs
- Due diligence is critical — choose a project with a proven track record
How Long Does the EB-5 Process Take?
Processing times vary depending on your country of origin, whether you’re investing in a TEA project, and USCIS workload. On average:
- I-526E processing: 12–24 months
- Green Card issuance: 6–12 months (after petition approval)
- Removal of conditions (I-829): ~24 months
Some categories benefit from priority processing under the EB-5 Reform and Integrity Act (RIA). For example, EB-5 Rural Projects.
Final Thoughts: Is EB-5 Right for You?
The EB-5 program is ideal for investors seeking U.S. permanent residency, especially for families focused on education, stability, and future opportunities. While the process involves financial and immigration risks, the rewards—U.S. Green Cards and a path to citizenship—are substantial.
We’re independent EB-5 advisors with over 8 years of experience. We work with top Regional Centers to help investors select low-risk, transparent projects with proven exit strategies.Book your free EB-5 consultation today and receive a personalized roadmap based on your goals.
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