EB-5 Immigrant Investor Visa: A Pathway to U.S. Residency Through Investment

EB-5 immigrant investor visa is generally designed for investors who wish to live and create jobs in the U.S. This visa requires the applicant to invest a minimum amount in an existing business or start a new business that creates employment and contributes to the overall economic growth. 

This visa allows the investor and their family, including spouses and children under 21, to live in the U.S. and access its quality education and healthcare system. This blog elaborates on the EB-5 immigrant investor visa, eligibility criteria, the application process, processing time, and cost. It also provides you with an expert immigration law firm through which you can simplify the application process and reduce processing time. 

Overview of EB-5 Immigrant Investor Visa 

The EB-5 immigrant investor visa program allows foreign investors to obtain U.S. permanent residency (Green Card) by investing in job-creating businesses. Administered by U.S. Citizenship and Immigration Services (USCIS), it requires a minimum investment of $800,000 in a Targeted Employment Area (TEA) or $1,050,000 elsewhere. Besides, investors must create or preserve at least 10 full-time jobs for U.S. workers. 

The program offers two investment routes: direct investment in a new or existing business and Regional Center investment, which allows indirect job creation. Investors, along with their spouses and unmarried children under 21, can gain conditional residency for 2 years, after which they must prove job creation to obtain permanent residency. 

EB-5 Immigrant Investor Visa: Eligibility Criteria  

The EB-5 immigrant investor visa program grants U.S. permanent residency to foreign investors who contribute significantly to the U.S. economy. To qualify, applicants must meet specific investment, job creation, and business requirements set by U.S. Citizenship and Immigration Services (USCIS). Below are the detailed eligibility criteria:

1. Minimum Investment Amount: Invest at least $800,000 in a Targeted Employment Area (TEA) (rural or high-unemployment area). If outside a TEA, invest a minimum of $1,050,000 in a U.S. business.

2. Job Creation Requirement: The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of receiving a conditional Green Card.

3. Investment in a New or Existing Business: The funds must be directed toward a new commercial enterprise (NCE) established after November 29, 1990, or an existing business that expands or restructures significantly.

4. Lawfully Sourced Funds: Investors must provide evidence that their investment capital was legally obtained through business earnings, salary, property sales, inheritance, or gifts.

5. Active Involvement in Business: Investors must participate in management or policy-making within the enterprise, either as an owner, board member, or policymaker.

6. Regional Center or Direct Investment: Investors can choose to invest through a Regional Center, which allows indirect job creation, or directly in a business they manage.

EB-5 Immigrant Investor Visa: Application Process 

The EB-5 immigrant investor visa process involves multiple steps, from selecting an investment project to obtaining U.S. permanent residency. Applicants must follow strict guidelines set by U.S. Citizenship and Immigration Services (USCIS) to ensure compliance with investment and job creation requirements. Below is a step-by-step guide to the process:

1. Choose between direct investment in a business or a Regional Center project, ensuring it meets EB-5 program requirements for job creation and economic impact.

2. Invest the minimum investment into the chosen business, ensuring the funds are lawfully sourced and meet USCIS regulations.

3. File Form I-526E (Regional Center) or Form I-526 (Direct Investment) to USCIS, providing proof of investment, job creation plan, and lawful source of funds.

4. USCIS reviews the I-526/I-526E petition, which may take months or years depending on processing times and country-specific visa availability.

5. If the petition is approved, apply for a conditional Green Card through Form DS-260 (if outside the U.S.) or through Form I-485 (if in the U.S.) to adjust the status.

6. Live and work in the U.S. while fulfilling EB-5 requirements, particularly the job creation mandate.

7. Within 90 days before the two-year period ends, submit Form I-829 to prove that the investment remained and created/preserved 10 full-time jobs.

8. Once I-829 is approved, the investor and their family obtain unconditional U.S. permanent residency. 

Processing Time of EB-5 Immigrant Investor Visa

The processing time for the EB-5 immigrant investor visa varies based on the USCIS workload, the applicant’s country of origin, and investment type (direct or Regional Center). The process generally takes several years due to petition reviews, background checks, and visa availability.

The I-526/I-526E petition (Immigrant Petition by Investor) typically takes 12 to 60 months for adjudication. Applicants from countries with high demand, such as China and India, may face additional delays due to visa backlogs and country-specific quotas. To process your application faster, you can consult an expert immigration lawyer and remove disparities in the counseling process. 

Cost of EB-5 Immigrant Investor Visa

The EB-5 immigrant investor visa requires a significant financial commitment beyond just the investment amount. The minimum investment is $800,000 for projects in a Targeted Employment Area (TEA) and $1,050,000 for non-TEA areas. 

Apart from the investment, applicants must pay several government and administrative fees. The Form I-526E (Regional Center) or I-526 (Direct Investment) filing fee is $11,160, while the Form I-829 (Petition to Remove Conditions) filing fee costs $9,525. If adjusting status within the U.S., the Form I-485 fee is around $1,440 per applicant. Consular processing via Form DS-260 costs $325 per person.

Navigating the EB-5 Immigrant Investor Visa Process: Get Legal Expertise for a Smooth Journey!

The EB-5 immigrant investor visa offers a direct route to U.S. permanent residency for individuals willing to make a significant investment in the U.S. economy. Despite its financial and procedural complexities, it remains a popular choice for high-net-worth individuals seeking a Green Card for themselves and their families. With benefits such as no sponsorship requirement, access to U.S. education, and a pathway to citizenship, the EB-5 program is an attractive option for global investors.

Navigating the EB-5 visa process involves legal, financial, and procedural challenges. Consulting an experienced immigration law firm like Di Martino Law Group ensures compliance with USCIS regulations, proper investment structuring, and timely documentation, reducing risks and increasing approval chances.

Frequently Asked Questions 

1. Can you use a loan for my EB-5 investment?

Yes, but the loan must be secured by personal assets and not tied to the business receiving the EB-5 investment.

2. Can you apply for EB-5 if you are already in the U.S.?

Yes, if you are on a valid visa, you can apply for adjustment of status (Form I-485) after your I-526/I-526E petition is approved.

3. Can your EB-5 investment be in real estate?

Yes, but the project must be a commercial enterprise and create at least 10 full-time jobs, meaning personal home purchases do not qualify.

4. Is there an age limit for EB-5 applicants?

No, but applicants must demonstrate financial capability and legal investment sources.

References: 

https://www.henleyglobal.com/residence-investment/united-states 

https://www.boundless.com/immigration-resources/eb-5-investor-visa-explained/