EB5 Investment Visa Guides You to Permanent United State Residency
The EB5 Immigrant Investor Program, a component of U.S. employment-based immigration, was launched by USCIS in 1990. Known for its investment visa opportunities in America, the EB5 program allows applicants to obtain U.S. lawful permanent residency (a Green Card) for themselves, their spouse, and unmarried children under the age of 21 by meeting specific requirements set by USCIS.
- Make the necessary investment in a U.S. commercial enterprise.
- Create or preserve 10 full-time permanent jobs for qualified U.S. workers.
EB5 vs. Other Programs: Understanding the Key Differences
| Category | EB5 Immigrant Investor Program | Other Immigration Programs |
| Type | Investment immigration (investment and job creation) | Employment-based immigration, family-based immigration, work visas, etc. |
| Requirements | Invest a specific amount and create 10 full-time jobs | Dependent on employer sponsorship, special skills, family relationships, etc. |
| Beneficiaries | Investor, spouse, and unmarried children under 21 | Usually only the primary applicant or varies by specific category |
| Employer Sponsorship | Not required | Depends on the program; generally required (e.g., H-1B) |
| Language and Education Requirements | No language, education, or work experience requirements | Some programs (e.g., H-1B, EB-2) may require specific education and work experience |
| Green Card Acquisition | Directly obtained | Based on family or employment relationships, typically with long wait times |
| Investment Flexibility | Can invest in various types of commercial projects (traditional businesses, real estate, regional centers, etc.) | Generally limited to work or family relationships, fewer investment options |
| Minimum Investment Amount | USD 1.05 million, or USD 800,000 in economically disadvantaged areas | No fixed requirement, but typically must hire U.S. workers or meet other criteria |
| Family Member Benefits | Spouse and unmarried children under 21 can obtain a green card together | Family members can immigrate through family reunification, but wait times are longer |
| Education and Healthcare Benefits | Access to high-quality U.S. education and healthcare | Immigrants can access these benefits after arrival, but some visa categories (e.g., work visas) may have limitations |
| Work and Living Freedom | Freedom to work and live anywhere in the U.S. | May be restricted by work visa conditions or require visa renewals |
| U.S. Citizenship Application | Can apply for U.S. citizenship after 5 years of holding a green card | Time to apply for citizenship may vary depending on visa category |
| Regional Center Program Advantages | Can indirectly create jobs by investing in regional center projects without directly managing a business | Not applicable |
Source: EB5 Immigrant Investor Program | USCIS
EB5 Program’s Advantages
Immediate Green Card with No Waiting Time
One of the most significant benefits of the EB-5 program is the absence of waiting time, unlike other immigration pathways. Once you apply, you can quickly obtain U.S. permanent resident status. This is excellent news for those eager to settle in the U.S. as soon as possible!
No Language or Education Requirements
That’s right! The EB-5 program doesn’t require you to speak English or hold a master’s degree or higher education. If you have sufficient funds and meet the investment requirements, other factors are not an issue. This offers a “zero-threshold” opportunity for applicants who prefer not to be limited by language or education prerequisites.
Flexible Investment Options
The EB-5 program provides numerous investment options, making it highly flexible. You can choose to invest in traditional business ventures, real estate, or even through regional center projects. This means you don’t necessarily have to manage the company yourself. Regional center projects allow you to indirectly create jobs, significantly reducing the management burden. You can select the project that best suits your situation.
Immigrate to the United State with Your Whole Family
Another major advantage is that the benefits extend beyond just you! Once you invest and obtain your Green Card, your spouse and unmarried children under the age of 21 can also receive Green Cards. This allows your entire family to immigrate to the U.S. and enjoy benefits such as employment, education, and healthcare. Your whole family can start a new life together!
Security of Investment Funds
Investment funds are managed in accounts regulated by U.S. immigration authorities, with strict oversight of regional centers. This ensures that your investment funds are much safer.
EB-5 Program’s Development
Since its establishment in 1990, the U.S. EB-5 Immigrant Investor Program has undergone several significant reforms and adjustments.
| Time | Event/Reform |
| 1990 | The U.S. Congress established the EB-5 Immigrant Investor Program to promote the U.S. economy through foreign investors’ capital and job creation. The program issued 10,000 immigrant visas per year for applicants wishing to obtain a Green Card by investing in U.S. businesses. Investors were initially required to invest USD 1 million and create 10 jobs. For Targeted Employment Areas (TEA), the investment amount could be reduced to USD 500,000. |
| 1992 | The U.S. Congress introduced the EB-5 Regional Center Pilot Program, allowing investors to make indirect investments through regional centers. These centers were responsible for promoting economic growth and job creation in specific geographic areas. Investors could meet the immigration requirements by indirectly creating jobs. |
| 2019 | The U.S. Citizenship and Immigration Services (USCIS) implemented the “EB-5 Modernization Rule,” significantly increasing the investment amounts. The minimum investment for Targeted Employment Areas (TEA) was raised to USD 800,000, while investments in non-TEA areas increased to USD 1.05 million. The rule also revised the criteria for TEA designation and further strengthened project oversight. |
| March 15, 2022 | President Biden signed the “EB-5 Reform and Integrity Act,” establishing new requirements for EB-5 immigrant visa categories and regional center projects. The validity of the regional center project immigrant visas was extended until September 30, 2027. |
| Post-2022 | According to the “EB-5 Reform and Integrity Act,” stricter compliance and fund source reviews were implemented for regional centers. EB-5 investors must invest in new commercial enterprises, which must meet one of the following criteria: 1. Established after November 29, 1990, or 2. Established before November 29, 1990, but purchased and reorganized or restructured to become a new commercial enterprise, or 3. Expanded through investment to increase at least 40% of net assets or employees. The authority to designate TEAs was transferred from state governments to federal immigration authorities. The EB-5 program reserved 3,200 visa slots for projects in remote areas, high unemployment areas, and infrastructure-related projects, collectively referred to as the “EB-5 New Policy.” |
EB5: Differences Between New and Old Policies
| Category | Old Immigrant Investor Program | New Immigrant Investor Program |
| Investment Amount | Minimum investment: USD 500,000 or USD 1,000,000 | Minimum investment: USD 800,000 or USD 1,050,000 |
| Investment Projects | Regional center projects, non-regional center projects | Subdivided into high unemployment area projects, rural projects, infrastructure projects |
| Compliance Risk | No USCIS approval required for investment projects | Investment projects must be approved by USCIS first (I-956F) before submitting I-526E, reducing compliance risks |
| Immigrant Visas | Global allocation: 10,000 visas | Global allocation divided from 10,000 visas: 1,000 for high unemployment area projects, 2,000 for rural projects, 200 for infrastructure projects |
| Application Form | I-526 form | I-526E form (more complex content) |
| Application Fees | Before April 2024: USD 3,675, then increased to USD 11,160 | Before April 2024: USD 3,675, then increased to USD 11,160, plus an additional USD 1,000 for the new law fee |
| Dual Filing | Only I-526 can be filed, waiting for approval and priority dates | Both I-526E and I-485 adjustment of status applications can be filed simultaneously, resolving immigration status in one step |
| Priority Date | Currently in a backlog, priority date reached December 15, 2015 | No backlog, temporary green card can be obtained as soon as one year after approval |
| Investment Return & Exit Mechanism | Most projects have unclear exit strategies | Requires clear exit mechanisms and ensures the protection of funds and transparency of returns |
Source: EB5 Immigrant Investor Regional Centers | USCIS
EB-5 Program Application Requirements
Investment Amount
To obtain an EB-5 green card, the first step is to invest. How much should you invest? If you choose a Targeted Employment Area (TEA), typically high-unemployment or rural areas, the investment requirement is USD 800,000. If you choose a non-TEA area, the investment amount increases to USD 1,050,000. The investment must be placed in a government-approved regional center project, which typically helps create job opportunities.
Job Creation
The investment is not just about earning money; the key is to create at least 10 full-time jobs. These jobs can be either direct or indirect but must be available to U.S. citizens, legal permanent residents, or individuals with legal work authorization. Please note that these jobs cannot be for yourself, your spouse, or your children they must be for external employees.
Source of Funds Legality
The source of your investment funds must be legal, and this is very important! The funds can come from various sources such as:
- Mortgage loans
- Hard-earned wages
- Gifts from family members
- Inheritance
- Real estate sales
- Stock or securities trading
- Corporate dividends, etc.
You must prepare the appropriate documentation to show the immigration authorities where the funds originated. Funds with an “untraceable source” will not be accepted.
Applicant Eligibility
- Primary Applicant: Must be at least 16 years old and have the financial capability to make an investment. Your assets do not have to be earned by you; they can be gifts or inheritance from family members.
- Spouse and Unmarried Children Under 21: Can apply as derivative applicants.
- Children as Primary Applicants: If a child is the primary applicant, they must be at least 14 years old.
Health and Criminal Record
To obtain a green card, you must ensure that you are in good health, free of contagious diseases, and provide proof of a clean criminal record demonstrating you do not have any serious criminal issues.
Background and Political Factors
If you are a Chinese national, it is best to avoid any political party affiliations or government official backgrounds, as these may trigger additional scrutiny, complicating the process and delaying approval.
Timely Submission of I-526 Application
Once you have your investment funds ready, you need to submit Form I-526, which is your formal request to the immigration authorities. After approval of this form, you can proceed to apply for an immigration visa or, if you are already in the U.S., apply for an adjustment of status to become a conditional permanent resident.
Form I-829 and Removal of Conditions
Once you have received conditional permanent resident status, remember to submit Form I-829 within two years to remove the conditional status and become a full, permanent U.S. resident.
EB-5 Application Process
- Assess Eligibility: First, confirm that you meet the EB-5 application requirements.
- Choose an Investment Project: Next, select a suitable investment project, ensuring that it is legal and compliant, and that you can prove you have sufficient funds for the investment.
- Prepare Funds: Once your funds are ready, transfer them to the designated investment project account and sign an investment agreement with the relevant institution.
- Submit Form I-526: You must submit Form I-526 (for individual investors) or Form I-526E (for regional center investments), along with the application fee of USD 11,160.
- Wait for I-526 Approval: Once the I-526 form is approved, you can proceed with the next step: submitting Form DS-260 for an immigration visa or, if you are already in the U.S., submitting Form I-485 to adjust status to conditional permanent resident.
- Obtain Conditional Permanent Resident Status: Once your I-485 application is approved, or you enter the U.S. with an EB-5 visa, you and your family will receive conditional permanent resident status for two years.
- Apply to Remove Conditions: Finally, after fulfilling the EB-5 requirements (creating at least 10 jobs within two years), you need to submit Form I-829 within 90 days of the second year of conditional permanent residency to remove the “conditional” status and become a full permanent resident.
Source: EB5
EB-5 Common Questions
What is TEA?
In the EB-5 program, TEA stands for Targeted Employment Area, which is a designated region typically characterized by higher unemployment rates or rural settings. A TEA meets one of the following criteria:
- High Unemployment Areas: A TEA can be a region with an unemployment rate significantly higher than the national average (usually 150% of the national average). For example, if an area’s unemployment rate is more than 1.5 times the national average, it can be designated as a TEA.
- Rural Areas: A TEA can also refer to areas that are geographically remote, sparsely populated, and have low economic activity. These areas have fewer than 20,000 residents and are not adjacent to any metropolitan areas.
For EB-5 investors, investing in a TEA area has several practical advantages:
- Lower Investment Requirement: Investing in a TEA area reduces the investment amount from USD 1,050,000 to USD 800,000. This policy is designed to encourage investment in economically weaker areas, helping to create job opportunities and stimulate economic development in those regions.
- No Backlog: TEA areas typically have high unemployment rates or are economically underdeveloped. By investing in these areas, you not only help improve the local economy but also contribute to job creation and regional economic recovery. The EB-5 program has reserved 3,200 visa slots for TEA areas and infrastructure projects. Currently, these slots are not subject to a backlog, allowing for faster green card processing when investing in TEA areas.
What is Dual Filing?
Under the old EB-5 policy, investors could only submit the I-526 petition and then wait for approval and priority dates. Under the new EB-5 policy, investors can submit both the I-526E petition and I-485 adjustment of status application simultaneously. This allows them to apply for work permits and travel documents at the same time, streamlining the immigration process and avoiding concerns about age limitations.
- I-526 Filing: This is the first step in the EB-5 process, where you submit Form I-526 to USCIS to prove that you and your family meet the EB-5 requirements and that the investment funds originate from a legal source.
- I-485 Filing: If you are already in the U.S. and eligible for adjustment of status, you can submit Form I-485 to apply for permanent resident status (Green Card). This allows you to apply for a Green Card while the I-526 is being processed.
Once both forms are approved, the applicant will receive a Combo Card, which serves as a temporary Green Card, allowing legal work in the U.S. and free travel in and out of the country. This dual filing process speeds up Green Card acquisition, especially for applicants already in the U.S.
Dual Filing Conditions:
To apply through dual filing (submitting both U.S. and overseas applications), applicants must meet the following conditions:
- In the U.S.: Applicants must be in the U.S. with valid non-immigrant status, and their status must not have expired.
- Priority Date: The applicant can only file dual applications if there is no waiting period according to the immigration visa bulletin.
- Overstay Restrictions: Applicants who have overstayed in the U.S. and are without legal status cannot apply for dual filing. Overstaying for more than 180 days may result in a 3-year re-entry ban, while overstaying for more than a year can result in a 10-year re-entry ban.
Is There a Backlog in EB-5?
What is a Backlog? A backlog occurs when the number of applicants exceeds the annual visa quota for a specific country. When this happens, applicants must wait for their priority date to become current to continue processing their visa.
Current EB-5 Backlog Situation and Predictions:
For the 2024 fiscal year, the EB-5 visa quota is 7,628, distributed based on different project types. Rural projects may experience a backlog earlier than urban projects.
Summary and Predictions:
- For the 2025 fiscal year, it is expected that there will be minimal movement in the priority date (Table A).
In 2026, the backlog may become more significant if prior fiscal year quotas are used up.
What is a Regional Center?
A regional center is a USCIS-designated economic unit responsible for managing EB-5 investment projects. These centers focus on stimulating regional economic growth through investment and job creation. A reputable regional center helps investors complete the immigration process smoothly, reducing risks and ensuring the safety of investment funds.
Differences Between Direct Investment and Regional Center Projects
Similarities:
Both direct investment projects and regional center projects are part of the EB-5 Immigrant Investor Program, requiring applicants to make a risk investment in a specific U.S. region or project. The investment amount ranges from USD 800,000 to USD 1,050,000, with different amounts based on the region:
- USD 800,000 for high-unemployment or rural areas.
- USD 1,050,000 for densely populated, low-unemployment areas.
Both types of projects require the creation of at least 10 full-time jobs.
Differences:
Direct Investment:
- Investment Threshold: After November 29, 1990, the minimum investment threshold for businesses is at least USD 1,050,000 (or USD 800,000 in Targeted Employment Areas), which imposes significant financial pressure.
- Economic Contribution: Direct investments positively contribute to the U.S. economy.
- Job Creation: At least 10 local U.S. jobs must be created, and these jobs must be individually verified to ensure their authenticity and validity.
- Investor Role: Investors must play a decision-making role within the business and be deeply involved in daily operations and management, which can be a significant challenge for non-professional investors.
- Investor Limitations: The number of investors is limited to a few (usually no more than three) because the direct employment and management requirements are high, restricting the number of acceptable investors.
Regional Center:
- Investment Options: Established in 1992, regional center projects allow investors to choose to invest USD 800,000 in TEA areas or USD 1,050,000 in non-TEA areas through “approved regional centers.”
- Job Creation: There is no requirement for the new enterprise to directly hire 10 U.S. workers. Instead, it is sufficient to prove that the investment will directly or indirectly create 10 jobs.
- Management Role: The regional center manages the investment, and investors are not required to participate in daily management, thus reducing operational burdens. Investors participate as limited partners in a limited partnership established within the regional center.
- Investor Capacity: There is no limit on the number of investors, allowing for larger projects to accommodate more investors and relying on indirect employment.
Comparison:
In contrast, direct investment projects require strong business management skills and experience and typically involve starting a new business in the U.S. Regional center projects are relatively simpler and more hassle-free, making them suitable for most investors.
