EB-5 Visa: U.S. Immigrant Investor Program
The EB-5 Visa is a permanent resident (green card) program for foreign nationals who invest in a U.S. business and create jobs for U.S. workers.
It is suitable for individuals seeking a direct path to lawful permanent residence through investment.
This program offers an opportunity to contribute to the U.S. economy while securing long-term residency for you and your family. Understanding the requirements and process is essential to ensure a successful application.
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Basic Legal Requirements For The EB-5 Visa
To qualify for the EB-5 program, you must:
- Invest at least $1,050,000 in a new commercial enterprise (or $800,000 if the business is located in a Targeted Employment Area (TEA) or rural area).
- Create or preserve at least 10 full-time jobs for qualifying U.S. workers.
- Be actively involved in the business either through day-to-day management or policy formation.
- Demonstrate that the investment funds were obtained lawfully and are fully at risk.
General Process For The EB-5 Visa
There are two common pathways for EB-5:
Direct Investment:
The investor creates their own business or enterprise and directly manages operations. File Form I-526E (Immigrant Petition by Regional Center Investor). Once approved, proceed with either:
- Adjustment of Status (Form I-485) if already lawfully in the U.S., or
- Consular Processing for immigrant visa issuance at a U.S. embassy abroad.
Regional Center Investment:
Invest in a USCIS-designated Regional Center project (typically a large-scale real estate or infrastructure project).
- May allow for indirect job creation.
- Often preferred by investors seeking a more passive role.
Additional Information
- Two-Year Conditional Green Card: Initial EB-5 approval results in a conditional green card valid for two years.
- Form I-829 Petition: Within the 90-day window before the end of the two-year period, the investor must file Form I-829 to remove conditions and demonstrate job creation and sustained investment.
- Family: Spouses and unmarried children under 21 may be included in the green card application.
Ready to Take the Next Step?
At Veritas Immigration Law, P.A., we provide strategic legal advice and full-service representation for both E-2 and EB-5 clients, including:
- Business plan review and structuring
- Investment source documentation
- USCIS and consular filings
- Interview preparation
- Change of status and adjustment of status applications
- Regional center due diligence and compliance
