EB-5 Visa

Helping Investors and Entrepreneurs Obtain U.S. Green Cards

The EB-5 Immigrant Investor Program allows foreign investors and their families to obtain U.S. green cards by making a qualifying investment in a U.S. business that creates jobs. This visa provides a direct pathway to permanent residency and, eventually, U.S. citizenship.

Gagliano Law, PLLC, assists investors, entrepreneurs, and businesses in navigating the complex requirements of the EB-5 program, ensuring compliance with federal immigration laws and helping clients achieve their immigration goals.

What Is the EB-5 Visa?

The EB-5 visa is a green card program for foreign nationals who invest in the U.S. economy. Investors must meet minimum capital investment and job creation requirements.

Key Requirements for the EB-5 Visa

1. Investment Amount:
   • $1.05 million in a standard business
   • $800,000 in a Targeted Employment Area (TEA), which includes rural or high-unemployment areas
2. Job Creation:
   • The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years.
3. Active or Passive Investment:
   • Investors can create their own business or invest through a USCIS-designated Regional Center, which pools investments for larger projects.
4. At-Risk Investment:
   • The funds must be fully committed to the business and subject to market risk, meaning they cannot be guaranteed or easily withdrawn.

The EB-5 Visa Process

1. Choose an Investment Pathway

Investors can either:

• Start a new commercial enterprise
• Invest in a Regional Center project (real estate developments, infrastructure projects, or businesses in high-unemployment areas)

2. File Form I-526 (Immigrant Petition by Investor)

This petition demonstrates that the investor meets capital, job creation, and lawful source of funds requirements. Processing times vary but typically take two to five years.

3. Obtain Conditional Green Card

If the I-526 petition is approved, the investor and eligible family members can:

• Apply for adjustment of status (Form I-485) if already in the U.S.
• Apply for an immigrant visa at a U.S. consulate if outside the U.S.

A conditional green card is granted for two years, allowing the investor to live and work in the U.S.

4. File Form I-829 (Remove Conditions on Green Card)

Between 21 to 24 months after receiving the conditional green card, investors must submit Form I-829 to prove that:

• The investment has been fully maintained
• The required 10 jobs have been created

If approved, the conditions are removed, and the investor receives a permanent green card.

5. Apply for U.S. Citizenship (If Desired)

After five years as a lawful permanent resident, EB-5 investors may apply for U.S. citizenship through naturalization.

EB-5 Visa Benefits

• Green cards for the investor, spouse, and unmarried children under 21
• No employment sponsorship required
• Freedom to live, work, and travel anywhere in the U.S.
• Opportunity to apply for U.S. citizenship after five years

EB-5 Regional Center vs. Direct Investment

Investors can choose between direct investment or a Regional Center:

EB-5 Visa Processing Time

Processing times depend on USCIS workload and country of origin. Typical timelines:

• Form I-526 Approval: 24-60 months
• Conditional Green Card Issuance: 6-12 months
• Form I-829 Approval: 22-48 months

Some countries, such as China, India, and Vietnam, may experience longer wait times due to visa backlogs.

Transitioning from an EB-5 Visa to a Green Card

Once Form I-829 is approved, investors and their families receive a permanent green card, allowing them to stay in the U.S. indefinitely. They can later apply for U.S. citizenship if desired.