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:
- Investment Thresholds
- Standard Investment: $1,050,000.
- Targeted Employment Area (TEA): $800,000 if located in rural areas or high-unemployment zones.
- 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).
- 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 Investment | Investor runs or sets up the enterprise directly and hires 10 full-time workers. |
| Regional Center | Invests 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.