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 with 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
- Investment amount: $1.05 million in a standard business, or $800,000 in a Targeted Employment Area, which includes rural or high-unemployment areas
- Job creation: the investment must create or preserve at least 10 full-time jobs for U.S. workers within two years
- Active or passive investment: investors can create their own business or invest through a USCIS-designated Regional Center, which pools investments for larger projects
- 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funds must be fully committed to the business and subject to market risk, meaning they cannot be guaranteed or easily withdrawn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
- Choose an investment pathway. Investors can either start a new commercial enterprise or invest in a Regional Center project such as real estate developments, infrastructure projects, or businesses in high-unemployment areas
- File Form I-526, Immigrant Petition by Investor. This petition demonstrates that the investor meets capital, job creation, and lawful source of funds requirements
- Obtain a conditional green card. If the I-526 petition is approved, the investor and eligible family members apply for adjustment of status through Form I-485 if already in the U.S., or for an immigrant visa at a U.S. consulate if outside. A conditional green card is granted for two years
- File Form I-829 to remove conditions. Between 21 and 24 months after receiving the conditional green card, investors must prove the investment has been fully maintained and the required 10 jobs have been created. If approved, the conditions are removed and the investor receives a permanent green card
- Apply for U.S. citizenship if desired. After five years as a lawful permanent resident, EB-5 investors may apply for 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
Regional Center or direct investment
| Feature | Direct investment | Regional Center |
|---|---|---|
| Business type | Owns and operates the business | Pooled investment in large projects |
| Job creation requirement | 10 direct full-time jobs | 10 direct, indirect, or induced jobs |
| Management role | Active business management required | Limited involvement, passive investment possible |
| Risk level | Higher risk, full control | Lower risk, professional project management |
EB-5 processing time
Processing times depend on USCIS workload and country of origin. Typical timelines have been Form I-526 approval in 24 to 60 months, conditional green card issuance in 6 to 12 months, and Form I-829 approval in 22 to 48 months. Some countries may experience longer wait times due to visa backlogs.
Alternatives if EB-5 is not approved
- E-2 Treaty Investor visa, for citizens of treaty countries, which requires active management
- L-1 visa, for business owners expanding to the U.S
- EB-1C green card, for multinational executives and managers
Frequently asked questions
How much do I need to invest for an EB-5 visa?
The minimum investment is $1.05 million, or $800,000 if investing in a Targeted Employment Area. These thresholds are set by regulation and adjust over time.
How long does it take to get a green card through EB-5?
Processing has taken five to ten years depending on USCIS backlogs and the investor’s country of origin.
Can I include my family in my EB-5 application?
Yes. Spouses and unmarried children under 21 qualify for green cards under the principal investor’s application.
Do I have to live where my investment is located?
No. Investors can live anywhere in the U.S., regardless of where the EB-5 investment is made.
Can I get my investment back?
EB-5 investments must remain at risk, meaning there is no guarantee of return. Some Regional Centers offer repayment strategies after the required job creation period.
For guidance on the EB-5 visa program and investment-based immigration, Gagliano Law, PLLC helps investors. Contact us to learn more about your options.
