EB-5 Investment Green Card
Complete guide to the EB-5 investment immigration program. Direct path to permanent residence through business investment and job creation in the United States.
EB-5 Investment Program Overview
What is the EB-5 Program? The EB-5 Immigrant Investor Program provides a path to U.S. permanent residence for foreign investors who invest substantial capital in job-creating commercial enterprises in the United States. Created by Congress in 1990, it’s designed to stimulate the American economy through foreign investment and job creation.
Direct Path to Green Card: Unlike temporary visas, EB-5 leads directly to permanent residence for the investor, spouse, and unmarried children under 21. After maintaining permanent residence for five years, EB-5 recipients can apply for U.S. citizenship.
Investment-Based Immigration: The program requires a substantial financial investment ($800,000 in Targeted Employment Areas or $1.05 million in other areas) and the creation of at least 10 full-time jobs for qualifying U.S. workers within two years.
No Operational Requirements: Unlike the E-2 visa, EB-5 investors are not required to actively manage the business. Many investors choose Regional Center projects that handle business operations while the investor remains passive.
📋 EB-5 Program Requirements
Investment Requirements
- $800K minimum in TEA or $1.05M in non-TEA
- Investment must be “at risk” capital
- Funds must be lawfully obtained
- Investment must be sustained throughout process
Job Creation
- Create at least 10 full-time jobs
- Jobs for qualifying U.S. workers
- Direct or indirect job creation allowed
- Must be created within 2 years
Business Enterprise
- For-profit commercial enterprise
- New commercial enterprise established
- Active business operations required
- Located within the United States
Source of Funds
- Legal source of investment capital
- Complete paper trail required
- Tax records and documentation
- Gift funds require proper documentation
🏗️ Regional Center vs Direct Investment
🏗️ Regional Center Investment
Investment through USCIS-designated Regional Centers that pool investor funds for large-scale projects.
- Passive investment option
- Professional project management
- Indirect job creation counts
- Lower management burden
- Diversified investment risk
- Most popular option (90%+ of investors)
🏢 Direct Investment
Direct investment in a new commercial enterprise that the investor establishes and actively manages.
- Direct control over business
- Active management required
- Only direct jobs count
- Higher management responsibility
- Full business ownership
- More complex job creation proof
⚖️ Key Differences
Understanding the practical differences between Regional Center and Direct Investment approaches.
- Job Creation: Indirect vs Direct only
- Management: Passive vs Active
- Risk: Diversified vs Concentrated
- Control: Limited vs Full
- Complexity: Lower vs Higher
- Returns: Project-dependent vs Business-dependent
📅 EB-5 Process Timeline
Investment & Project Selection
Select investment project (Regional Center or Direct), conduct due diligence, and transfer investment capital to escrow account.
Timeline: 3-6 monthsFile I-526E Petition
Submit Form I-526E with USCIS, including business plan, source of funds documentation, and job creation evidence.
Processing: 29-61 monthsConditional Green Card
If approved, apply for conditional permanent residence through consular processing or adjustment of status.
Processing: 8-12 monthsU.S. Entry & Residence
Enter U.S. as conditional permanent resident. Maintain investment and monitor job creation during conditional period.
Duration: 2 years conditionalFile I-829 Petition
File Form I-829 to remove conditions within 90 days before 2-year anniversary, proving job creation and sustained investment.
Processing: 48+ monthsPermanent Green Card
Receive permanent green card after I-829 approval. Eligible for U.S. citizenship after 5 years of permanent residence.
Permanent statusInvestment Risk Warning: EB-5 investments are “at risk” capital, meaning there’s no guarantee of return. Numerous Regional Center projects have failed, resulting in loss of investment and potential immigration consequences. Thorough due diligence is essential before committing funds.
Common Risk Factors: Project delays, cost overruns, market changes, developer inexperience, insufficient capitalization, unrealistic job creation projections, and regulatory changes can all impact project success and immigration outcomes.
- Regional Center track record and previous project success
- Developer experience and financial stability
- Independent economic impact analysis verification
- Market feasibility study and demand analysis
- Construction and development timeline realism
- Total project capitalization and funding sources
- Legal structure and investor protections
- Exit strategy and investment return potential
⚖️ EB-5 vs Other Investment Visas
| Factor | EB-5 Investment | E-2 Treaty Investor | L-1 Intracompany |
|---|---|---|---|
| Investment Amount | $800K-$1.05M (minimum) | $100K-$200K+ (substantial) | Company investment (varies) |
| Green Card | Direct path to permanent residence | Non-immigrant (temporary) | Dual intent allowed |
| Job Creation | 10+ direct/indirect jobs required | Economic benefit required | No specific requirement |
| Management | Passive investment allowed | Must control/direct business | Employee role acceptable |
| Processing Time | 5-8+ years total | 3-8 months | 4-8 months |
| Country Restrictions | All countries (with quotas) | Treaty countries only | All countries eligible |
| Family Benefits | Green card for spouse and children | TD status, work authorization | L-2 can work |
| Investment Risk | “At risk” capital, potential loss | Active business control | Company bears investment risk |
🏆 Direct Path to American Permanent Residence
The EB-5 program offers the only investment-based direct path to U.S. permanent residence. While requiring substantial capital and carrying investment risks, it provides the investor and their family with immediate permanent resident status upon approval, leading to potential U.S. citizenship. Unlike temporary visas, EB-5 offers true immigration—not just temporary work authorization—making it attractive for high-net-worth individuals seeking long-term U.S. residence.
💡 EB-5 Success Strategies
🏛️ Official Government Resources
🚀 Begin Your EB-5 Investment Journey
Ready to invest in your American dream? Use our comprehensive resources to understand EB-5 requirements and plan your investment immigration strategy.