A green card through investment in the US economy
The EB-5 Immigrant Investor Program lets foreign nationals obtain US permanent residence (a green card) by investing in a new commercial enterprise that creates jobs for US workers. Your spouse and unmarried children under 21 can be included in your petition.
Unlike most green card categories, EB-5 does not require a job offer, a family sponsor, a particular degree or English fluency. It does require a substantial investment from lawfully obtained funds, and careful documentation.
How much do you need to invest?
Under the EB-5 Reform and Integrity Act of 2022, the minimum investment is currently:
- $800,000 for projects in a Targeted Employment Area (a rural area or an area of high unemployment) or qualifying infrastructure projects
- $1,050,000 for all other projects
These amounts are scheduled to adjust for inflation starting January 1, 2027, and are expected to rise. Petitions filed before the new amounts take effect generally use the current figures, so timing matters. Contact us for the figures that apply on your filing date.
Two ways to invest
Regional center investment. You invest in a project sponsored by a USCIS-designated regional center. Jobs created indirectly by the project can count, and you are not required to manage the business day to day. Most EB-5 investors choose this route.
Direct investment. You invest in and actively help run your own US business. The business must create at least 10 full-time jobs for qualifying US workers directly.
Key requirements
- Invest the required amount, which must be at risk in the enterprise
- Show that every dollar comes from a lawful source, traced from origin to investment
- Create, or be credited with, at least 10 full-time jobs for US workers
- Be admissible to the United States
The EB-5 process
- Strategy and project review. We discuss your goals and budget and help you understand the questions to ask about a project or business before you invest.
- Source of funds. We build the documentation showing how you earned or received your investment funds.
- Form I-526E or I-526 petition. We file your petition with USCIS (I-526E for regional center investors, I-526 for direct investors).
- Conditional green card. After approval, you apply for a two-year conditional green card, either through a US consulate abroad or by adjusting status if you are already in the US. In some cases you can file for adjustment of status at the same time as your petition.
- Removing conditions. Near the end of the two years, you file Form I-829 to show the investment was sustained and the jobs were created, and receive a permanent green card.
Is EB-5 right for you?
EB-5 often suits investors who want a green card for their whole family, have the capital available and can document its source, and prefer not to depend on an employer or family member. If your budget is lower or you plan to run a business yourself, an E-2 Investor Visa may be worth comparing.
Frequently asked questions
Can my children study in the US? Yes. Once they hold green cards, your children can attend US schools and universities as permanent residents.
Do I have to live in the area where I invest? No. EB-5 green card holders can live anywhere in the United States.
Can I use a gift or a loan for my investment? Often, yes, if the source of the funds is lawful and fully documented. The rules on gifts and loans are detailed, so we review them case by case.
How long does EB-5 take? Timing depends on USCIS processing times and visa availability for your country of birth. We will explain the current outlook for your situation during your consultation.
Talk to an EB-5 attorney
EB-5 is a significant investment and a long-term commitment. Book a consultation to review your goals, your funds and your options before you invest.
This page is general information, not legal advice. Investment amounts and program rules change; confirm current requirements with an attorney.