Investors may qualify for EB-5 immigrant visa classification by investing qualifying capitals in the United States to create jobs. The investment could be directly investing in the U.S. business or through regional center program.

EB-5 Green Card Eligibility

  • An investment of capital at risk in amount of $1,050,000, or $800,000 for TEA, rural area or infrastructure projects, according to the EB-5 Reform in March 2022.
  • ​In a new commercial enterprise (LLC, Partnership, Joint venture, Corporation, etc.), created after November 29, 1990.
  • To creates 10 jobs for qualified U.S. workers, which must last two years from the date of conditional residence starts. Qualified U.S. workers could be U.S. Citizens, LPRs, temporary residents with work authorization.
  • Engagement in management of new commercial enterprise.
  • Prove lawful source and path of investment funds.

TEA is defined as an area with a high unemployment rate at least 50% above the national average. Evidence of TEA includes the Geographic and population data from the U.S. Office of Management and Budget, U.S. Bureau of Labor Statistics Local Area Unemployment Statistics (LAUS) office that justify a high unemployment TEA. Rural Area is the area that is not located within a metropolitan statistical area (MSA) as labeled by the U.S. Office of Management and Budget. Infrastructure projects means the business has government contracts for Infrastructure projects.

How to Apply

EB-5 investor files Form I-526 or I-526E with USCIS (self-petition). Form I-485 can be filed concurrently with Form I-526 or I-526 if the visas are available to the investor who is in the U.S. If the investor is abroad, a consular processing is required for the application of an immigrant visa. The National Visa Center will review and send the immigrant visa application to the designated U.S. consulate abroad, where hosts the visa interview. An immigrant visa will be issued for the entry to the U.S. as a permanent resident.

The new EB-5 reform allows the EB-5 visas to be reserved 20% for rural, 10% for high unemployment, and 2% for infrastructure.

EB-5 Green Card was issued as a 2-year conditional green card. The EB-5 investor must file Form I-829 to remove the condition of the green card to obtain a permanent green card.

Family Dependents’ Green Card

Spouse and unmarried children under the age of 21 may be eligible for green card application with the EB-5 investor. They will file separate Form I-485 in the U.S. or immigrant visa application abroad.