EB-5 Investor Green Card (Regular Investment and TEA)

EB-5 IMMIGRANT INVESTOR PROGRAM

EB-5 Visa Program Overview: The EB-5 visa program, established by the Immigration Act of 1990, offers a route to permanent residency in the United States for immigrant investors. This visa also grants permanent residency to the investor's spouse and unmarried children under the age of 21.

Qualification Requirements: To be eligible for the EB-5 visa, individuals must invest either $1,050,000 in a "Non-Targeted Employment Area" or at least $800,000 in a "Targeted Employment Area" or through a Regional Center. Additionally, investors are required to create ten jobs for U.S. workers, which can be either direct or indirect. Applicants must demonstrate that the investment funds were obtained legally, providing proof from sources such as business earnings, salary, investments, property sales, inheritance, gifts, loans, or other legitimate income sources.

Application Process: After the application is approved, the applicant and their dependents must undergo extensive checks, including police, medical, security, and immigration history reviews. They will then attend a visa interview at a U.S. Consulate abroad to ensure all conditions for conditional permanent residency are met.

EB-5 Project Located In	Investment Amount
Targeted Employment Area (TEA)	$800,000
Non-Targeted Employment Area (Non-TEA)	$1,050,000
Regional Center	$800,000

What is an EB-5 Visa? An EB-5 Visa is a visa designed for immigrant investors in the U.S., established by the Immigration Act of 1990. It provides a path to permanent residency, making it one of the quickest methods to gain permanent residency without needing to marry a U.S. citizen.

To qualify for an EB-5 visa, individuals must:

• Invest $1.05 million in a Non-Targeted Employment Area or $800,000 in a Targeted Employment Area or through a Regional Center.
• Create or maintain at least ten full-time jobs for U.S. workers for a minimum of two years.
• Prove that the funds used for the EB-5 petition were acquired legally.
• Provide documentation showing that the investments were obtained through legitimate sources such as business earnings, salary, investments, property sales, inheritance, gifts, loans, or other lawful means.
• Establish a legitimate business entity in the U.S. and actively engage in it.

Benefits of an EB-5 Visa include:

• The fastest way to obtain a Green Card without marrying a U.S. citizen.
• Dependents are also eligible for Green Cards.

To apply for an EB-5 Visa, the following documentation must be submitted:

• Proof of the geographic region in the U.S. where the Regional Center will focus its investments.
• Evidence demonstrating the creation of jobs directly or indirectly from the investment.
• Detailed information on the amount and source of the capital being invested.
• A thorough business plan showing the positive effect the business will have on the regional or national economy.

There is an annual cap of 10,000 EB-5 investor Green Cards. If applications exceed this limit in a given year or if there is a high volume from a specific country, applicants might be placed on a waiting list. About 3,000 of the annual EB-5 visas are allocated to individuals investing in Targeted Employment Areas (TEAs).

The EB-5 Regional Center Program was officially reauthorized by the U.S. District Court for the Northern District of California on June 24, 2022. Regional centers that previously had their USCIS certifications revoked are now allowed to resume operations and accept new investors. This reauthorization extends the program until September 30, 2027, and includes grandfathering provisions to ensure that EB-5 petitions filed by September 30, 2026, will continue to be processed even if the program faces interruptions.

Foreign nationals can start the EB-5 immigration process by submitting Form I-526 to participate in EB-5 regional center projects. The EB-5 Reform and Integrity Act (RIA) of 2022 introduces significant benefits, including reserved EB-5 visas and the option to file Forms I-526 and I-485 simultaneously. The RIA stipulates that 32% of EB-5 visas each fiscal year must be reserved for investors in targeted employment areas (TEAs) and public infrastructure projects. Of this, 20% are allocated to rural TEAs, 10% to high-unemployment TEAs, and 2% to infrastructure projects.

Participating countries are limited to 7% of the total visa supply per fiscal year. However, investors in reserved visa categories can receive a visa upon approval of their I-526 petitions, regardless of their country’s annual limit.

For EB-5 applicants who are already in the U.S. on non-immigrant visas such as H-1B, F-1, E-2, T-N, or L-1, Form I-485 can be used to adjust their status to immigrant status following their EB-5 investment. Filing Forms I-526 and I-485 together allows investors to live, work, and study in the U.S. while waiting for their EB-5 visas.