The EB-5 program offers permanent residence to foreign investors, their spouses and their unmarried children under 21, in exchange for an investment in a U.S. business that creates at least ten full-time jobs. Unlike most other green card categories, it requires no employer sponsor, no particular education and no English language test.
Key requirements
- Investment amount. Currently $800,000 for projects in a targeted employment area (a rural or high-unemployment area) or certain infrastructure projects, and $1,050,000 elsewhere. These amounts are subject to periodic adjustment.
- Job creation. The investment must create at least ten full-time jobs for qualifying U.S. workers.
- Lawful source of funds. The investor must document, in detail, that the investment funds were obtained lawfully and trace how they reached the United States. For many clients this is the most demanding part of the case.
- At-risk investment. The funds must be genuinely at risk. Guaranteed returns are not permitted.
Direct investment or regional center
Investors can either establish or buy a business of their own and create the jobs directly, or invest through a USCIS-designated regional center project, which can count indirect jobs and requires less day-to-day involvement. Each route has different risks, and we help you evaluate them, including independent due diligence on regional center projects.
Timing advantages
The 2022 EB-5 Reform and Integrity Act created set-aside visas for rural, high-unemployment and infrastructure projects, which can offer shorter waits for applicants from countries with long backlogs, including mainland China. Investors already in the United States in lawful status may be able to file for a green card at the same time as the investment petition, and receive work and travel authorization while it is pending.
How we help
We advise on the choice of investment, prepare the source-of-funds documentation, file the initial petition and the green card applications for the whole family, and later file the petition to remove conditions so that your permanent residence becomes unconditional.