EB-5 Immigrant Investor Program: Your Path to U.S. Permanent Residency
The EB-5 Immigrant Investor Program is an employment-based visa category that allows eligible foreign investors to obtain U.S. permanent residency by making a qualifying investment. Since its establishment in 1992, the United States Citizenship and Immigration Services (USCIS) has allocated up to 10,000 EB-5 visas each year. Understanding the EB-5 investment requirements, application steps, and related costs is essential for ensuring a smooth and successful green card application.
EB-5 Visa Application Process
Before discussing the specific EB-5 investment amounts, it’s important to understand the step-by-step process involved:
- Make a Qualifying Investment
- You must invest in a U.S. business that will create at least ten full-time jobs for qualified American workers.
- Alternatively, you can invest through a USCIS-designated regional center, which allows job creation to be direct, indirect, or induced.
- The required job creation must occur within two years of receiving conditional permanent residency.
- You must invest in a U.S. business that will create at least ten full-time jobs for qualified American workers.
- File the I-526 Petition and Apply for Residency
- Once the investment is made, you submit Form I-526, Immigrant Petition by Alien Investor.
- After approval, you file either Form I-485 (Adjustment of Status) if you are already in the U.S., or Form DS-260 (Immigrant Visa Application) if you are applying from abroad.
- This step grants conditional green cards for you, your spouse, and unmarried children under 21.
- Once the investment is made, you submit Form I-526, Immigrant Petition by Alien Investor.
- File Form I-829 to Remove Conditions
- Within the 90-day period before your conditional residency expires (after two years), you must file Form I-829, Petition to Remove Conditions.
- Upon approval, you and your qualifying family members receive ten-year permanent green cards.
- Within the 90-day period before your conditional residency expires (after two years), you must file Form I-829, Petition to Remove Conditions.
EB-5 Investment Amounts
The EB-5 program requires an investment in a new commercial enterprise created after November 29, 1990, or a restructuring/expansion of an older business to meet program requirements. The funds can be in cash, equipment, inventory, property, or secured debt with a U.S. dollar market value equivalent to the required amount.
The investment amount depends on whether your project is located in a Targeted Employment Area (TEA)—defined as a rural region or an area of high unemployment.
- Standard EB-5 Investment: $1,800,000 in a U.S. business that employs at least ten workers.
- TEA EB-5 Investment: $900,000 in a qualifying rural or high-unemployment area, or through a USCIS-designated regional center.
Other Costs Beyond the EB-5 Investment
In addition to the capital investment, EB-5 applicants must account for several filing and administrative costs:
- Form I-526 Filing Fee: $3,675. This is the first step to demonstrate your eligibility as an EB-5 investor.
- Form I-485 Filing Fee: $1,140 per applicant. Filed to adjust status to conditional permanent residency for investors already in the U.S. Supporting documentation such as passports, medical exams, and proof of lawful status must be included.
- Form I-829 Filing Fee: $3,750. Required to remove conditions and transition from conditional resident to permanent resident.
- Biometrics Fee: $85 per applicant for background and security checks.
- Immigration Attorney Fees: While not required, working with immigration attorneys at Green Card Link is highly recommended. The EB-5 process involves complex regulations, extensive documentation, and strict USCIS requirements. Skilled immigration attorneys at Green Card Link help avoid costly errors and improve your chances of success.
- Administrative Fees for Regional Centers: Typically ranges from $30,000 to $60,000. This covers compliance, project oversight, economists, attorneys, and marketing expenses related to the EB-5 project. Direct investors generally do not pay these fees.
Other Costs Beyond the EB-5 Investment
As an EB-5 applicant, you have two primary options:
- Direct Investment: You personally identify a U.S. business project, invest the required amount, and take an active managerial role. This option is ideal for investors who want full control over their enterprise and seek both immigration and business growth opportunities.
- Regional Center Investment: USCIS-designated EB-5 regional centers administer large projects where investors are not directly responsible for job creation or daily management. This option is best for those who prefer a more passive investment, focusing primarily on achieving U.S. residency rather than managing a business.
Key Takeaway
The EB-5 Immigrant Investor Program offers a powerful path to U.S. permanent residency for individuals who can meet the investment and job creation requirements. While the process requires careful planning and a significant financial commitment, it remains one of the most direct routes to obtaining a U.S. green card for investors and their families.
At Green Card Link, its immigration attorneys guide clients through every stage of the EB-5 process, from selecting the right investment structure to filing each petition correctly. With the right professional support, your EB-5 journey can be both successful and stress-free.
EB-5 Visa Investment Plan
When pursuing an EB-5 visa, careful planning and due diligence are critical before committing your $1,800,000 investment (or $900,000 in a Targeted Employment Area) into a regional center project. Investors must confirm that the project will generate at least 10 full-time U.S. jobs. It is equally important to investigate the backgrounds of developers and investors involved, assess the project’s financial and exit strategies, review its overall business plan, and examine the offering package in detail.
Many regional centers structure projects to buy investors out after approximately five years, but the success and viability of the project ultimately determine whether you will see a return on your EB-5 investment. Evaluating all potential risk factors, such as EB-5 debt structure and the project’s overall liabilities, is essential.
If the project carries a mortgage, confirm that it will be fully paid before EB-5 investors can access funds. Otherwise, bankruptcy risks could result in financial loss and denial of permanent residency.
Conditions for Loans as EB-5 Investment Capital
For applicants who do not have immediate access to $900,000 or $1,800,000 in cash, loans can be used if they meet USCIS requirements. While unsecured loans were once accepted, USCIS now requires that all EB-5 investment loans be secured.
To qualify, the loan must be secured by an asset of equal or greater value than the loan amount, and the asset must be owned by the investor. The investor must be the principal borrower and personally liable for repayment. Importantly, EB-5 enterprise assets or ownership shares cannot be pledged as collateral.
Private loans from family or friends are also acceptable sources of EB-5 funds, provided the conditions are met and the private lender can demonstrate lawful acquisition of their money. Gifted funds may also be used.
Regardless of the funding method, USCIS requires that the capital be “at risk.” In other words, the investor must have irrevocably invested or be actively in the process of investing the funds. Any attempt to shield capital from risk could result in EB-5 petition denial.
EB-5 Limited Partnership
Many EB-5 investors choose to participate through a limited partnership. In this structure, there are general partners—responsible for managing the business—and limited partners, who typically contribute financially but do not actively manage operations. Limited partners have restricted control over capital allocation and enjoy limited liability.
Before investing, it is vital to review the partnership agreement to fully understand both the benefits and risks of the EB-5 limited partnership. This option remains one of the most popular pathways for foreign investors seeking U.S. permanent residency.
EB-5 Application Denial
USCIS may deny an EB-5 application for several reasons, including insufficient documentation of lawful source of funds, submission of false evidence, missing information in the application, or failure to meet the “at risk” investment requirement.
While denial is discouraging, it does not necessarily end your EB-5 journey. Options may include filing a motion to reopen, appealing the decision, or refiling. An immigration attorney at Green Card Link can carefully review your denial notice and guide you on the best course of action.
How Green Card Link’s Immigration Attorneys Can Help
Investing $900,000 or $1,800,000 through the EB-5 program requires careful strategy and legal precision. A single error in filing or documentation can jeopardize your petition and put both your investment and immigration goals at risk.
At Green Card Link, its immigration attorneys have extensive experience handling EB-5 visa petitions. They provide personalized guidance, assist with source of funds documentation, and ensure your application complies with USCIS requirements. To move forward with confidence, schedule a consultation with an immigration attorney at Green Card Link today.