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Immigrant investor program

Complete Guide to the EB-5 Visa

Published Updated Reviewed by Sandra Clavijo, Esq.

The EB-5 visa offers a direct path to permanent residence (a Green Card) for foreign investors who make a qualifying investment in the United States. Learn the details, the requirements, and the complete process.

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01

$800K

Minimum investment in a Targeted Employment Area (TEA)

02

$1.05M

Minimum investment in standard areas

03

10

Full-time jobs the investment must create

04

24-36

Approximate months to obtain the Green Card

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Latino investor in a Miami office reviewing a project to obtain a Green Card through the EB-5 visa
EB-5 visa: U.S. permanent residence through a qualifying investment

What Is the EB-5 Visa?

The EB-5 visa is a U.S. immigration program created in 1990 that allows foreign investors and their families to obtain permanent residence (a Green Card) through a capital investment in a U.S. business that creates or preserves at least 10 full-time jobs.

The EB-5 program is unique because it requires no employer sponsorship and no extraordinary ability, and it allows the investor, their spouse, and their unmarried children under 21 to obtain Green Cards at the same time. Learn about our firm’s EB-5 service.

Current Investment Amounts

$800,000 USD – Targeted Employment Area (TEA)

This reduced amount applies to investments in:

  • Rural areas (outside metropolitan areas and outside any city or town of 20,000 or more residents)
  • High-unemployment areas (an unemployment rate of at least 150% of the national average)
  • Qualifying infrastructure projects

$1,050,000 USD – Standard Areas

For investments in all other areas that do not qualify as a TEA, including most major urban and metropolitan areas.

Important note: These amounts are adjusted for inflation periodically. It is essential to confirm the amounts in effect when the petition is filed.

Two Ways to Invest Through EB-5

Direct Investment

  • The investor establishes or invests directly in a business
  • Greater control over the investment and the business
  • Direct responsibility for creating 10 full-time jobs
  • Drawback: Requires active involvement in managing the business

EB-5 Regional Center Most popular

  • Investment through a USCIS-designated Regional Center
  • No active involvement in the business required (passive investment)
  • Both direct and indirect jobs can count toward the requirement
  • Pre-approved, diversified projects reduce risk

Key Requirements

  1. Capital Investment

    Invest $800,000 (TEA) or $1,050,000 (standard area) in a U.S. commercial enterprise. The capital must come from lawful sources and be actively at risk in the business.

  2. Job Creation

    The business must create or preserve at least 10 full-time jobs for qualifying U.S. workers within 2 years after conditional approval.

  3. Lawful Source of Funds

    Prove with complete documentation that the funds were obtained lawfully: tax returns, business records, inheritances, property sales, gifts, loans, and so on.

  4. Active Involvement (Direct Investment Only)

    In a direct investment, the investor must be involved in day-to-day management or in policy formation. This does not apply to Regional Center investments.

Process and Timeline

  1. Preparation and Project Selection

    Select the investment project, gather source-of-funds documentation, and prepare the business plan.

    Estimated time: 1–3 months

  2. Filing Form I-526E

    File the immigrant investor petition with USCIS, together with all documentation and evidence of the investment.

    Processing time: 12–24 months

  3. I-526E Approval and Adjustment of Status

    Apply for adjustment of status (inside the U.S.) or consular processing (abroad) to obtain the conditional Green Card.

    Estimated time: 6–12 months

  4. Conditional Green Card

    Receive the conditional Green Card. The investment must remain in place and create the required jobs.

    Period: 2 years

  5. Removal of Conditions (I-829)

    Within the 90 days before the conditional Green Card expires, file Form I-829 showing the investment and the jobs. Approved → permanent Green Card.

    Processing time: 12–24 months

Approximate total time: 24–36 months to the permanent Green Card

EB-5 vs. EB-2 NIW vs. EB-3

Investment or employment? Compare EB-5 with two employment-based Green Card routes (see also EB-2 NIW):

CriterionEB-5EB-2 NIWEB-3
BasisCapital investmentProfessional meritJob offer
Requires employer / sponsor No No Yes
Minimum investment$800K–$1.05MNot applicableNot applicable
Creates 10 jobs Yes No No
Self-petition Yes Yes No
Green CardConditional (2 years) → permanentDirectDirect
Ideal forInvestors with capitalAccomplished professionalsWorkers with an employer

Benefits of the EB-5 Visa

Immediate Permanent Residence
Direct access to a Green Card with no employer sponsorship and no labor certification.
Includes Your Family
Your spouse and unmarried children under 21 receive Green Cards at the same time.
Freedom to Live Anywhere
Live and work anywhere in the United States, without restrictions.
Path to Citizenship
Eligibility for citizenship after 5 years as a permanent resident.
Education
Access to public education and eligibility for in-state university tuition.
Investment Opportunity
The investment may be returned after the required period, depending on the project.

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EB-2 NIW

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Frequently Asked Questions

Who qualifies for the EB-5 investor immigrant visa?
Any person over 18 years old from a foreign country who can demonstrate a lawful investment of $800,000 (TEA) or $1,050,000 (standard area) in a U.S. business that creates or preserves 10 full-time jobs. There are no requirements for maximum age, education, business experience, or English language proficiency.
What is the difference between direct investment and Regional Center investment?
In direct investment, you establish or invest directly in a business and are responsible for creating the 10 jobs. In a Regional Center, you invest in a pre-approved project where the entity manages job creation (counting direct, indirect, and induced jobs). The Regional Center option is more popular because it reduces operational risk.
Can I include my parents or siblings in my EB-5 petition?
No. The EB-5 visa only includes the principal investor, their spouse, and unmarried children under 21. Parents, siblings, or other family members cannot be included as derivatives. They would need separate sponsors or manage their own immigration petitions.
How does EB-5 differ from other employment visas like EB-2 or EB-3?
EB-5 requires capital investment but does not require employer sponsorship, labor certification, or a job offer. EB-2 and EB-3 require a U.S. employer to sponsor the worker. EB-5 is faster for investors with available capital, while EB-2/3 are options for workers without capital but with in-demand skills.
What documents must I prepare to prove the lawful source of my funds?
You will need complete documentation tracing every dollar: tax returns for 5-10 years, bank statements, property sale records, employment contracts, inheritance certificates, paid mortgages, or any document demonstrating lawful acquisition and the movement of funds from their origin to the bank for EB-5 investment.
Is my EB-5 investment protected if the project fails?
EB-5 is an at-risk investment — there is no guarantee of capital return or state protection. If the project fails and does not create the 10 jobs, your conditional Green Card may not convert to permanent. That is why it is critical to choose projects with Regional Centers with proven track records and solid financial analysis.
Can I change jobs or business after obtaining the EB-5 Green Card?
Yes. Once your conditional Green Card converts to permanent (after I-829 approval), you can change jobs, start a new business, or not work without losing your status. The permanent Green Card does not tie your residency to a specific employer or business.
What happens to my Green Card if the company loses employees after I-829 approval?
Once USCIS approves your I-829 petition and removes the Green Card conditions, your permanent residency is secured. Subsequent changes in the company's employment do not affect your status. However, during the first 2 years (conditional Green Card), the business must maintain the 10 jobs to meet requirements.
When can I apply for U.S. citizenship after obtaining the EB-5 Green Card?
You can apply for citizenship 5 years after obtaining your permanent Green Card (not conditional). You must pass a civics exam in English, demonstrate good moral character, and physically reside in the United States for most of those 5 years. Citizenship allows you to vote and leave the country without losing residency.
Do I need to maintain a specific U.S. residence address during the EB-5 process?
During conditional Green Card status, you must maintain U.S. residency (without extended trips exceeding USCIS-permitted periods). You can live in any state. For I-829 approval, you must demonstrate that you have maintained permanent residency. Brief trips abroad are permitted if you obtain an Advance Parole travel document.
What happens if my children turn 21 during the EB-5 visa process?
Unmarried children under 21 at the time of I-526E approval can be included as derivatives. If they turn 21 after approval but before adjusting status, they typically retain their derivative status. However, if they reach 21 before the I-526E is approved, they are excluded. Consult early with your attorney for strategies based on specific dates.

About the author

Sandra Clavijo, Esq. — Immigration Attorney

Sandra Clavijo, Esq.

Immigration Attorney · Miami, Florida

With over 30 years of experience in international and immigration law, Sandra Clavijo currently focuses her practice on U.S. immigration: EB-5, E-2, L-1A, EB-1, EB-2 NIW, and O-1 visas, plus family reunification and citizenship. She is an active member of the Florida Bar and the American Immigration Lawyers Association (AILA), and personally attends to her clients in Spanish and English.

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