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EB-5 Immigrant Investor Program

The U.S. Congress enacted legislation in 1990 to establish the EB-5 Immigrant Investor Program. EB-5 investors can apply for immigrant visas through two pathways: (1) by investing in a direct investment project, or (2) by participating in a regional center investment project approved and certified by the U.S. Citizenship and Immigration Services (USCIS). The EB-5 Regional Center program lapsed in June 2021. In March 2022, Congress passed a new EB-5 law—the "EB-5 Reform and Integrity Act of 2022"—officially restarting the EB-5 program under the new provisions.

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Investors can apply for immigrant visas through two pathways: by investing in a direct investment project or by participating in a regional center investment project approved by USCIS.

Frequently Asked Questions

What is EB-5 Regional Center Investment Immigration?

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EB-5 Regional Center Investment Immigration refers to a pathway to obtain U.S. permanent residency (Green Card) through investment in a designated regional center in the United States. A regional center is an investment entity approved by the U.S. Citizenship and Immigration Services (USCIS) aimed at promoting economic growth by attracting foreign investments. Regional centers typically engage in large-scale project developments, such as commercial real estate or infrastructure construction, and can pool funds from multiple investors for substantial investments.

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What are the basic requirements for applying for EB-5 Regional Center Investment Immigration?

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The basic requirements for applying for EB-5 Regional Center Investment Immigration include:

  • The investor must invest at least $800,000 (in high-unemployment or rural areas) or $1.05 million (in non-high-unemployment or non-rural areas) in a designated regional center project.

  • The investment must directly or indirectly create at least 10 full-time U.S. jobs.

  • The investor must demonstrate the lawful source of funds and provide detailed documentation.

 

What are the requirements for applying for EB-5 Direct Investment Immigration?

 

To apply for EB-5 through direct investment, the following basic requirements must be met:

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  • Lawful Source of Funds: The investor must be able to prove the lawful source of investment funds.

  • Investment Amount: If the project is in a targeted employment area (TEA) or involves infrastructure, the minimum investment is $800,000. If not, the minimum investment is $1.05 million.

  • Job Creation: Within two years of obtaining the conditional green card, the investment must create 10 full-time jobs. Employees can be any U.S. citizen or permanent resident who is not an immediate family member.

 

What is a "Conditional" Green Card?

 

A conditional green card is a two-year temporary permanent resident status granted to applicants through the EB-5 investment immigration program. EB-5 investors, along with their spouse and unmarried children under 21, initially receive a conditional green card. Before the end of the two-year period, investors must file Form I-829 to prove that the investment was made and that at least 10 full-time U.S. jobs have been created or maintained. Once conditions are removed, the applicants become unconditional permanent residents with full green cards.

 

When must the required jobs be created?

 

The required 10 jobs must be created within the two years immediately following the investor's attainment of permanent residency.

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