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EB-5
What Is the EB-5 Immigrant Investor Visa?
The EB-5 visa is an employment-based, fifth-preference immigrant classification for investors and their immediate family members (spouses and children under 21) who make qualifying capital investments in the United States. Its dual purpose is to stimulate economic growth through capital infusion while creating or preserving at least ten permanent, full-time jobs for qualified U.S. workers.
Investors must place “at risk” capital into a new commercial enterprise—meaning there is no guarantee of return—thereby aligning investor incentives with genuine job-creation outcomes.
EB-5 Visa Investment Options
Direct (Standalone) Investment
Investors who prefer full control over their enterprise file Form I-526 directly, demonstrating they have invested or are actively in the process of investing the required capital into a new commercial enterprise and will create ten qualifying jobs.
Regional Center Investment
Through USCIS-approved Regional Centers, investors pool capital with others to fund large-scale economic development projects. Filings use Form I-526E, which petitions for classification under section 203(b)(5)(E) of the INA. As of February 2025, there are 547 active regional centers across the United States.
Targeted Employment Areas (TEAs)
TEAs are either rural areas or areas with unemployment rates at least 150% of the national average. Investments in TEAs qualify for the reduced threshold of $800,000, while standard investments outside TEAs require $1,050,000.
EB5 Requirements and Eligibility Criteria
- EB-5 Investment Amount: $1,050,000 standard; $800,000 in a TEA or approved infrastructure project.
- At-Risk Capital: Funds must be irrevocably committed and subject to loss.
- New Commercial Enterprise: Investment in a for-profit entity established after November 29, 1990, or a qualifying troubled business.
- New Commercial Enterprise: Investment in a for-profit entity established after November 29, 1990, or a qualifying troubled business.
EB-5 Required Documentation
- Investment Evidence: Bank statements, wire transfers, subscription agreements.
- Business Plan & Economic Analysis: Demonstrating job-creation methodology.
- Corporate Documents: Articles of incorporation, organizational charts.
- TEA Certification: State or USCIS-approved TEA designation letters.
- Petition Filings: I-526/I-526E receipts, DS-260 confirmation or I-485 package, and I-829 documentation.
- Personal Documents: Passports, birth/marriage certificates, and proof of lawful source of funds.
EB-5 Investment Green Card Application Process
Step 1: Select Investment Path & Location
Decide between Direct or Regional Center investment, and determine whether to invest in a TEA for the reduced threshold.
Step 2: File the Immigrant Petition
Direct filers submit Form I-526 with evidence of capital investment and a detailed business plan.
Regional Center investors submit Form I-526E and project documentation through their Regional Center.
Step 3: Visa Number Availability & Processing
Once the petition is approved and a visa number is current, investors can either file Form I-485 for Adjustment of Status (if in the U.S.) or complete DS-260 and attend a consular interview abroad.
Step 4: Conditional Green Card Issuance
Upon entry or Adjustment of Status approval, investors receive conditional permanent residency valid for two years.
Step 5: Removal of Conditions
Within the 90-day window before the two-year anniversary, file Form I-829 with proof of job creation and sustained investment to obtain an unconditional green card.
Questions? You’re covered.
No. Funds must remain “at risk” for the two-year conditional period; early withdrawals can jeopardize eligibility.
Failure to demonstrate ten full-time jobs on Form I-829 may result in loss of conditional residency, with waivers granted only in extraordinary circumstances.
Yes. Gifted or borrowed funds are permissible if fully documented as lawful and bona fide.
I-526/I-526E processing averages 18–24 months; consular processing or Adjustment of Status adds an additional 6–12 months, depending on visa availability.
No. EB-5 Regional Centers can be terminated for noncompliance. Investors should conduct due diligence and monitor USCIS updates.
Why Choose Onal Gallant?
At Onal Gallant, our experienced EB-5 attorneys specialize in EB-5 strategy and compliance, providing end-to-end support—from project selection and due diligence to petition drafting, interview preparation, and post-approval compliance—ensuring your investment yields both business success and a secure path to U.S. permanent residency.
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