The EB-5 Immigrant Investor Program allows foreign investors to obtain a Green Card (permanent residency) in the United States by investing in a U.S. business that creates jobs for U.S. workers. Here’s a breakdown of the program and its requirements as of 2025:
Disclaimer: The EB-5 program is subject to change (rules and investment amounts), and it is important to consult with an immigration attorney and an EB-5 investment specialist for the most up-to-date information and guidance.
Investment Requirements
- Standard Investment: $1,050,000 in a U.S. business.
- Targeted Employment Area (TEA) Investment: $800,000 in a TEA. A TEA is an area with high unemployment or a rural area.
Key Requirements
- Job Creation: The investment must create at least 10 full-time jobs for U.S. workers within two years.
- Eligible Investment: The investment must be made in a new commercial enterprise (NCE), which can be a for-profit business entity.
- Lawful Source of Funds: Investors must prove that their investment funds come from a lawful source.
- “At-Risk” Investment: The investment must be “at risk,” meaning there is a chance of loss. This is not a loan.
How the EB-5 Program Works
- Investment: The investor makes the required investment in a qualifying NCE.
- Petition: The investor files Form I-526E with U.S. Citizenship and Immigration Services (USCIS) to petition for an EB-5 visa.
- Conditional Residency: If the petition is approved, the investor and their family receive conditional Green Cards for two years.
- Job Creation Verification: Before the end of the two-year conditional residency period, the investor must demonstrate that their investment has created the required jobs.
- Permanent Residency: Once job creation is verified, the investor and their family receive permanent Green Cards.
Important Considerations
- Regional Centers: Investors can choose to invest through a Regional Center, which are entities authorized by USCIS to pool EB-5 investments and manage projects.
- Due Diligence: It is crucial for investors to conduct thorough due diligence on any EB-5 project before investing.
- Immigration Attorney: It is highly recommended that investors work with an experienced immigration attorney to navigate the complex EB-5 process.