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.
The EB-5 green card is a permanent residency visa for foreign investors who put qualifying capital into a U.S. business that creates at least 10 full-time American jobs.
The program is run by U.S. Citizenship and Immigration Services (USCIS) and offers a direct route to lawful permanent residency for the investor, their spouse, and unmarried children under 21.
The EB-5 program was created by Congress in 1990 to spur U.S. economic growth through foreign capital and job creation. It was updated by the EB-5 Reform and Integrity Act of 2022, which added stronger investor protections, new visa set-asides, and stricter project oversight.
You may invest in one of two ways:
Each path has different timelines, risk profiles, and job creation rules. The right choice depends on your goals, your budget, and how active you want to be in running a business.
You benefit from an EB-5 Visa Lawyer because the EB-5 program combines complex U.S. immigration laws, securities rules, tax planning, and detailed financial proof into the application process. One single error can cost you years of delay or a full denial.
USCIS reviews every dollar, every job, and every document. An experienced EB-5 immigration lawyer protects your investment and your immigration timeline at the same time.
A qualified EB-5 attorney does far more than file forms. Your lawyer helps you:
EB-5 data from the USCIS Data Library show I-526E approval rates above 97% under the 2022 reforms, but those numbers represent well-prepared petitions. Working with an experienced EB-5 visa attorney is the single biggest factor in landing on the right side of that statistic.
Talk with an Onal Gallant EB-5 lawyer about your investor petition.
The EB-5 process moves through clear stages, though each stage has its own paperwork, deadlines, and standards. Knowing what comes next helps you plan your finances, your move, and your business decisions with less stress.
Most EB-5 cases follow this path:
Timelines vary by country of origin and project type. Rural TEA investors often see faster I-526E review thanks to priority processing built into the Reform and Integrity Act.
The EB-5 minimum investment is $800,000 for projects in a Targeted Employment Area (TEA) or qualifying infrastructure project, and $1,050,000 for all other projects.
These amounts were set by the 2022 Reform and Integrity Act and remain in effect through fiscal year 2026, with the next scheduled inflation adjustment in January 2027.
A Targeted Employment Area includes rural regions and high-unemployment areas designated by USCIS. The lower investment threshold is meant to push capital into communities that need jobs.
Rural projects receive 20% of all EB-5 visas each year and qualify for priority I-526E processing. For many investors, this is the fastest route to a conditional green card.
These projects sit in areas with unemployment rates at least 150% of the national average. They receive roughly 10% of annual visa set-asides and lower the minimum investment to $800,000.
Non-TEA investments require $1.05 million and enter the general EB-5 queue without set-aside benefits. They may still suit investors with strong project preferences in major metros.
Whichever path you choose, your capital must be placed at risk in a for-profit U.S. enterprise that creates at least 10 full-time jobs for qualifying American workers.
USCIS denies more EB-5 petitions due to source-of-funds issues than almost any other issue. Every dollar you invest must come from a lawful origin, and you must show the full paper trail from that origin to the project’s escrow account.
Acceptable sources of capital generally include:
Our EB-5 source of funds attorneys help you organize records across borders, translate and certify foreign documents, and present a clear narrative that holds up under USCIS scrutiny.
Yes. Your spouse and unmarried children under 21 may be included as derivative beneficiaries on your EB-5 petition. They receive the same conditional green card and the same path to remove conditions and apply for U.S. citizenship.
Children approaching 21 face a real risk of “aging out” of eligibility under USCIS policy changes that went into effect in August 2025. This is especially challenging for residents of China and India, who face years-long visa backlogs in their path to U.S. residency.
The Child Status Protection Act can sometimes lock in a child’s age at the time of filing, but only when the petition is filed and managed correctly. Family timing is one of the most important conversations to have with your EB-5 immigration lawyer early in the process.
EB-5 cases reward firms that combine deep immigration knowledge with real business and financial acumen. Onal Gallant brings both. We have served global investors for more than 20 years, with a team of 65+ legal professionals across our New Jersey and Texas offices.
Many EB-5 firms only handle immigration. We work daily on corporate, commercial, and investor matters, which sharpens how we structure your investment, your job creation plan, and your I-526E narrative.
We work with investors from across the globe, including Türkiye, Latin America, the Gulf, and Asia. Our bilingual team communicates in clear, plain English to remove confusion at every stage.
With over 20,000 clients served and more than $100 million recovered for clients across practice areas, our firm has earned recognition from leading industry organizations and trusted referrals from corporate partners worldwide.
We do not promise visa outcomes. We promise preparation, precision, and partnership from your first call through your I-829 approval.
Investors who reach this page often arrive with the same urgent questions. Here are the ones we hear most often during initial consultations.
A: Yes, if you are lawfully present in the U.S., concurrent filing lets you submit Form I-526E and Form I-485 (adjustment of status) together. This often allows you to obtain work and travel authorization while your investor petition is pending.
A: For rural TEA investors, conditional green cards often arrive within 12 to 24 months thanks to priority processing. Other categories may take longer, especially for applicants from countries facing visa backlogs such as China, India, and Vietnam.
A: Your capital must remain “at risk,” which means there is no guarantee of return or approval. If the project fails before job creation is complete, you may lose both your investment and your immigration benefits. Careful project vetting with your EB-5 lawyer protects against this.
A: Yes. Once your conditional green card is approved, you and your family may live, work, study, and travel anywhere in the United States, regardless of where your investment is located.
A: EB-5 legal fees typically range from $15,000 to $50,000, depending on case complexity, family size, and whether the case is direct or regional center-based. Most firms, including ours, offer flat-fee arrangements so you know your total cost up front. Fees do not include the USCIS filing fees or your actual investment capital.
A: No. Many EB-5 investors live abroad while their I-526E petition is pending and then enter the U.S. through consular processing once approved. Others already living in the U.S. on another visa may apply for adjustment of status. Your EB-5 attorney helps you choose the right path.
A: Yes, loans may qualify as a lawful source of funds if they are secured by your own personal assets and fully documented. The 2022 reforms tightened the rules around loan-based investments, so working with an experienced EB-5 source of funds attorney is critical to avoid denial.
A: Form I-526E is the current petition used by investors in regional center projects, introduced after the 2022 Reform and Integrity Act. Form I-526 is used by direct EB-5 investors who own and operate their own qualifying business.
A: You file Form I-829 in the 90-day window before your conditional green card's two-year anniversary. You must show that your investment was sustained and that the required 10 jobs were created. Once approved, you receive a 10-year permanent green card.
A: Yes. After holding your permanent green card for five years and meeting physical presence and good moral character requirements, you may apply for U.S. citizenship through naturalization.
A: As of the State Department's recent Visa Bulletins, China, India, and Vietnam continue to face waits in the unreserved EB-5 category.
Your EB-5 journey deserves more than a checklist. It deserves a legal team that treats your capital, your family, and your timeline with the seriousness they have earned. From your first review of a project to the day you file Form I-829, our EB-5 Visa Lawyers stand with you at every step.
If you are ready to invest in your family’s American future, we are ready to help you do it right. Call (201) 508-0808 to reach our New Jersey office or (281) 909-4030 for our Texas location. We can help you with your immigration case in any state. You may also contact us online for a confidential conversation about your path forward.
