US EB-5 Investor Visa Guide

Established by Congress in 1990, the EB-5 program allows foreign investors and their immediate families to obtain permanent US residency by investing in job-creating commercial enterprises. The program was reauthorized and reformed in 2022 under the EB-5 Reform and Integrity Act, which updated investment amounts and compliance requirements.

• Standard investment: USD 1,050,000 in a new commercial enterprise anywhere in the United States.
• TEA investment: USD 800,000 if the investment is in a Targeted Employment Area (rural area or area with high unemployment).
• The investment must create or preserve at least 10 full-time jobs for qualifying US workers.
• The investor must be actively engaged in the management of the enterprise, either through day-to-day control or limited partnership involvement.

Most EB-5 investors participate through USCIS-designated Regional Centers. These are organizations that sponsor capital investment projects (typically real estate development or infrastructure) and allow investors to count indirect and induced jobs toward the 10-job requirement. This is the most popular route as it simplifies the job creation documentation.

• Lawful source of investment capital (must be documented through comprehensive evidence)
• Investment must be 'at risk' — guaranteed returns or debt arrangements do not qualify
• Clean criminal background and admissibility to the US
• The investor must intend to reside in the United States
• Capital can come from business income, property sales, inheritance, gifts, loans (secured by investor's assets), or other lawful sources

• Conditional permanent residency (Green Card) for the investor, spouse, and unmarried children under 21
• Right to live and work anywhere in the United States
• Access to US education, including in-state tuition rates in many states
• Access to US healthcare system
• Path to US citizenship after 5 years of permanent residency
• Freedom to travel in and out of the US
• No sponsorship by a US employer required

• 1 Select an EB-5 project: either a direct investment or through a USCIS-approved Regional Center.
• 2 Make the qualifying capital investment (USD 800,000 or USD 1,050,000).
• 3 File Form I-526E (Immigrant Petition by Alien Investor) with USCIS.
• 4 Upon I-526E approval, apply for an immigrant visa at a US consulate (if abroad) or adjust status (if in the US).
• 5 Receive conditional permanent residency (valid for 2 years).
• 6 Within the 90-day window before the 2-year conditional period expires, file Form I-829 (Petition to Remove Conditions).
• 7 Upon I-829 approval, receive unconditional permanent residency.
• 8 After 5 years of permanent residency, apply for US citizenship if desired.

USCIS filing fee for I-526E: USD 11,160. Immigrant visa or adjustment of status fees: approximately USD 1,200. I-829 filing fee: USD 9,795. Additional costs include legal fees (USD 15,000 to 50,000), Regional Center administrative fees (USD 50,000 to 75,000), and the capital investment itself. Total out-of-pocket costs beyond the investment typically range from USD 80,000 to USD 150,000.

I-526E processing times vary significantly, typically ranging from 12 to 36 months. TEA investments through Regional Centers may receive priority processing. The I-829 removal of conditions takes an additional 12 to 24 months. Total timeline from investment to unconditional Green Card can be 3 to 6 years.