EB-5 Visa
Investor Guide
The EB-5 program is the most direct path to permanent residency for high-net-worth investors. Invest in the U.S. economy and secure your family's future.
What is the EB-5 Program?
Created by Congress in 1990, the EB-5 program (Employment-Based Fifth Preference) allows foreign investors to obtain a Green Card by making a substantial investment in a U.S. business that creates jobs.
Under the EB-5 Reform and Integrity Act of 2022 (RIA), the program has new protections for investors and specific set-aside quotas for rural and high-unemployment areas.
Investment Levels
- $800,000: For TEA (Targeted Employment Area) or Rural projects.
- $1,050,000: Standard investment for non-TEA projects.
- Job Creation: Must create at least 10 full-time jobs for U.S. workers.
Two Ways to Invest
Choosing the right structure for your investment.
Regional Center (Passive)
Ideal for investors who want to be passive and don't want to manage a business daily. Most EB-5 investors choose this path.
- Indirect and "induced" jobs count toward your 10-job requirement.
- Professional management of the enterprise.
- Lower risk of job creation failure.
Direct Investment (Active)
For entrepreneurs who want to open and manage their own U.S. business (e.g., a franchise or manufacturing plant).
- Complete control over the business operations.
- Direct payroll jobs only (10 W-2 positions).
- Greater potential for business profits.
The Set-Aside Strategy
Under the 2022 RIA, certain visa spots are dedicated specifically to:
- Rural Areas: 20% set-aside. Priority processing.
- High Unemployment: 10% set-aside.
- Infrastructure: 2% set-aside.
*These set-asides allow investors from backlogged countries (like China or India) to "skip the line."
Source of Funds (SOF)
The single most common reason for EB-5 denial is an inadequate "Source of Funds" report. USCIS requires complex documentation proving the investment capital was obtained legally.
- Income and Salary Records.
- Asset Sales (Real Estate, Stocks).
- Gifts or Inheritances.
- Business Ownership Dividends.
Frequently Asked Questions
How long does it take?
Currently, I-526E petitions take between 2 to 4 years. However, rural projects receive "Priority Processing," which can cut this time significantly.
Can I concurrent file my adjustment?
Yes! If you are already in the U.S. on another valid visa (like H-1B or F-1) and the visa bulletin is current, you can file for your Green Card (I-485) and work/travel permit immediately upon filing your EB-5 petition.
What is a Conditional Green Card?
The initial Green Card is valid for 2 years. After 21 months, we file an I-829 petition to prove the 10 jobs were created, which removes the conditions and grants you a permanent 10-year Green Card.
Secure Your American Future
EB-5 is a sophisticated legal and financial process. Our firm works with the world's most reputable Regional Centers to ensure your investment is safe and your immigration is certain.
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