What Is EB-5
The EB-5 immigrant investor visa is a green card category that allows foreign nationals to obtain permanent residency by investing capital in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers. This is a direct path to a green card without requiring an employer sponsor or labor certification.
The investment amount is $1,050,000 for most projects, or $787,500 if you invest through a Regional Center in a Targeted Employment Area (TEA). These figures adjust annually based on inflation. Unlike employment-based categories that depend on employer sponsorship, EB-5 puts you in control of your immigration timeline, though processing can take 3 to 7 years from initial petition to final green card approval.
The EB-5 Process
Your EB-5 journey starts with filing Form I-526 (Immigrant Petition by Alien Entrepreneur) with USCIS. This petition demonstrates that your investment will create the required 10 jobs and that your capital comes from lawful sources. You'll need detailed business plans, financial documentation, and evidence of the source of your funds.
After USCIS approves your I-526, your next step depends on where you are:
- If you're in the U.S.: You file for adjustment of status using Form I-485, which allows you to apply for your green card while remaining in the country. Processing typically takes 12 to 18 months after I-526 approval.
- If you're outside the U.S.: You go through consular processing at a U.S. embassy or consulate in your home country. This involves a visa interview and medical examination before your green card is issued.
Your priority date (the date USCIS receives your I-526) becomes important if EB-5 visa numbers become oversubscribed. Currently, there is no visa number backlog for EB-5, but priority dates may matter in future years depending on demand.
Investment and Job Creation Requirements
The 10 jobs you create must be full-time, permanent positions for U.S. workers. Job creation is verified during the I-526 review and again when you apply for removal of conditional status if your green card is issued conditionally (typically after 2 years).
Direct investments (where you invest directly in the business) and Regional Center investments (through a pooled fund managed by an USCIS-approved intermediary) both count, but they're evaluated differently. Regional Center investments are more common because TEA designation can lower your minimum investment to $787,500.
Conditional vs. Permanent Green Card Status
If your I-526 was filed after November 29, 2020, or if you invested $1,050,000 or more, you may receive a 10-year permanent green card directly. Otherwise, you receive conditional status for 2 years. At the end of the conditional period, you file Form I-829 (Petition by Entrepreneur to Remove Conditions) to prove job creation was sustained. If approved, you receive a permanent green card.
Common Questions
- Can I work while my EB-5 petition is pending? Yes, you can apply for work authorization (Form I-765) once your I-526 is approved. This allows you to work legally in the U.S. while waiting for adjustment of status or consular processing.
- What happens if the business fails and jobs are lost? If the investment fails but jobs were created and sustained for the required period, your green card approval typically stands. However, if jobs are lost before your I-829 removal of conditions is approved, USCIS may deny removal of conditions.
- Can family members get green cards through my EB-5 investment? Yes. Your spouse and unmarried children under 21 can be included as dependent beneficiaries on your I-526 petition, each receiving their own green card once approved.