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Investor‑Based Green Card (EB‑5)
The EB‑5 immigrant investor program allows foreign investors and their immediate families to obtain a U.S. green card by making a qualifying investment in a U.S. commercial enterprise that creates jobs for U.S. workers. This route is ideal for entrepreneurs and high‑net‑worth individuals who prefer investment over traditional employer sponsorship
Direct path to U.S. permanent residency
for you and eligible family members through long‑term, employment‑based status.
No need to maintain student or temporary work status
reducing visa renewals and status‑change risks over time.
Greater career flexibility
after getting the green card, including changing employers and starting your own business
Access to more benefits and stability
such as easier re‑entry to the U.S. and, eventually, eligibility to apply for U.S. citizenship
Who qualifies for EB‑5?
To qualify, investors must meet several strict requirements on investment amount, job creation, and lawful source of funds
| Requirement | What it means |
|---|---|
| Qualifying investor | You are an individual able to invest the required capital from a lawful source of funds and document how it was earned or obtained. |
| New commercial enterprise | Your money goes into a for‑profit commercial enterprise formed or restructured after the cut‑off dates defined by USCIS (often a new business or a significantly restructured/expanded existing one). |
| Investment amount | You invest at least the current minimum EB‑5 amount (different for standard vs. targeted employment area projects; see below). |
| Job creation | Your investment must create or preserve at least 10 full‑time jobs for qualifying U.S. workers within the required timeframe. |
| At‑risk capital | Your funds must remain “at risk” for the duration of the investment; guaranteed returns or capital protection generally do not qualify |
Investment amounts and TEA projects
Reforms and inflation adjustments periodically change EB‑5 minimums, and there is a lower threshold for qualifying Targeted Employment Area (TEA) projects (rural or high‑unemployment areas)
| Project type | Typical minimum investment* |
|---|---|
| Standard (non‑TEA) project | Higher minimum (for example, around $1,050,000+ in many recent updates). |
| TEA / rural / high‑unemployment | Reduced minimum (for example, around $800,000–$800k+ range depending on current law and inflation updates). |
EB‑5 process: from investment to permanent green card
The EB‑5 journey has two main immigration stages: conditional residency and removal of conditions.
1. Select your investment and prepare your case
Choose between a regional center project or a direct investment in your own or another business, reviewing risk, return, and job‑creation methodology.
Work with professionals to document the lawful source of funds, transfer of capital, and project business plan and job‑creation projections.
2. File the EB‑5 immigrant petition (Form I‑526 / I‑526E)
Your attorney files an EB‑5 immigrant petition (currently Form I‑526E for regional center investors) with USCIS, including proof of investment, project details, and job‑creation plans.
If USCIS approves, you can move to the green card stage when a visa number is available for your category and country.
3. Apply for conditional permanent residence
If you are outside the U.S.: complete consular processing (DS‑260, NVC, and a visa interview) to receive an immigrant visa and enter as a conditional permanent resident.
If you are lawfully in the U.S.: you may file Form I‑485 (Adjustment of Status) when eligible, receiving a two‑year conditional green card.
4. Remove conditions (Form I‑829)
Within the 90‑day period before the second anniversary of your conditional residence, you file Form I‑829 to prove that:
Your investment was sustained for the required period.
The required 10 full‑time jobs were created or will be created within the allowed timeframe.
If USCIS approves I‑829, the conditions are removed and you and your qualifying family members become unconditional lawful permanent residents.
Family members included
EB‑5 is attractive for families because one investment can cover multiple family members.
The principal investor’s spouse and unmarried children under 21 can obtain conditional and later permanent green cards based on the same EB‑5 petition.
Family members enjoy the same benefits as other green card holders: living anywhere in the U.S., studying at U.S. schools (often with in‑state tuition after residency rules are met), and later applying for U.S. citizenship when eligible
EB‑5 vs. E‑2 investor visa
Many investors compare EB‑5 with the E‑2 treaty investor visa. It is important to understand that:
EB‑5 is an immigrant investor program that leads to a green card when all conditions are met.
E‑2 is a temporary (nonimmigrant) visa that allows you to live and work in the U.S. while running a qualifying business but does not itself grant permanent residency.
On your site, E‑2 should appear under the temporary/business visas section, while this EB‑5 page remains in the Permanent Residency (Green Card) section.
Thinking about a U.S. green card through investment?
EB‑5 rules, investment choices, and documentation requirements are complex and change over time.
Call our investor immigration team today to review your goals, check if you meet the current EB‑5 requirements, and design a safe strategy for you and your family’s move to the United States.
