The EB-5 Immigrant Investor Program offers foreign nationals and their families a direct path to U.S. permanent residency through qualifying investments in American businesses.
Investment Requirements
The standard EB-5 investment is $1,050,000 in a new commercial enterprise. Investments in targeted employment areas (TEAs), defined as rural or high-unemployment areas, require only $800,000. These amounts are adjusted periodically for inflation.
What Qualifies as a TEA?
A Targeted Employment Area is either a rural area or an area with unemployment at least 150% of the national average. Investing in a TEA reduces the minimum investment by $250,000.
Job Creation Requirement
Your investment must create or preserve at least 10 full-time jobs for U.S. workers within two years. This requirement is central to the EB-5 program's goal of stimulating the American economy.
Regional Center vs. Direct Investment
You can invest directly in your own business or through an EB-5 regional center. Regional centers are pre-approved entities that pool investments for larger projects, often making job creation requirements easier to satisfy.
Key Difference
Direct investment requires you to create 10 direct, full-time W-2 employee positions. Regional center investment allows counting of indirect and induced jobs, which are calculated using economic models.
Timeline and Process
After filing your I-526 petition, approval typically takes 12-24 months. You'll then receive conditional permanent residence for two years. Before the conditions are removed, you must prove your investment created the required jobs.
Select & Invest
Choose a qualifying investment and make your capital commitment to a new commercial enterprise or regional center project.
File Form I-526
Submit your Immigrant Petition by Alien Investor to USCIS with supporting documentation proving the source and path of funds.
Conditional Green Card
Upon approval, apply for your conditional permanent resident card with a two-year validity period.
Remove Conditions (I-829)
File Form I-829 to prove your investment created the required jobs and receive your permanent green card.
Benefits for Your Family
The EB-5 visa includes your spouse and unmarried children under 21. All family members receive green cards and can live, work, and study anywhere in the U.S.
Path to Citizenship
After five years as a permanent resident (including your two-year conditional period), you can apply for U.S. citizenship if you meet all naturalization requirements.
The EB-5 program offers incredible opportunities but requires careful planning and due diligence. Claxton Law Group helps investors navigate complex EB-5 requirements and select qualified investment projects. Schedule a consultation to explore whether the EB-5 visa is right for you.
