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EB-5: Immigrant Investor Program

The EB-5 program enables foreign nationals to obtain U.S. lawful permanent residency by making a qualifying investment that supports economic growth and creates jobs. USCIS defines it as:

“The EB-5 Immigrant Investor Program provides a method for eligible Immigrant Investors to become lawful permanent residents… by investing capital in a new commercial enterprise in the United States that creates or preserves 10 permanent full-time jobs for qualified U.S. workers.”
USCIS

USCIS policy on EB-5 is detailed in Volume 6, Part G of its Policy Manual.

Things to know: 

  1. Investment Thresholds
  • Standard Investment: $1,050,000.
  • Targeted Employment Area (TEA): $800,000 if located in rural areas or high-unemployment zones.
  1. Job Creation Mandate
  • The investment must create or preserve 10 full-time jobs for U.S. workers, to be established within two years of conditional residency. These can be
    • Direct jobs (within the NCE).
    • Indirect jobs (through models in regional center projects).
  1.  Direct vs. Regional Center Investments

For direct investment, the investor runs or sets up the enterprise directly and hires 10 full-time workers. (if you are interested in direct investment, contact us today)

Direct InvestmentInvestor runs or sets up the enterprise directly and hires 10 full-time workers.
Regional CenterInvests via USCIS-designated regional centers; allows job modeling and less operational involvement.
  • New regional center designations are regulated under the EB-5 Reform and Integrity Act of 2022 (RIA).
  • Regional Centers will remain authorized through September 30, 2027.

Source of Funds & Compliance Integrity

  • Documentation: Investors must prove that funds are obtained through lawful means and maintain a clear financial trail.
    USCIS
  • Integrity Enforcement (RIA)
    • USCIS now has enhanced authority to suspend, debar, or terminate non-compliant Regional Centers, NCEs, or job-creating entities.
    • Good-faith investors may still retain eligibility even if associated entities face sanctions.
      Reuters

5. Process Flow & Key Forms

  • Form I-526E: Petition for EB-5 via Regional Center.
  • Conditional Green Card: Granted upon approval, valid for two years.
  • Form I-829: Filed before the conditional residency expires to remove conditions — must prove job creation and investment sustainment.
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