Overview

Who qualifies for EB-5?

The EB-5 Immigrant Investor Program grants permanent residence to foreign nationals who make a qualifying capital investment in a new commercial enterprise that creates at least ten full-time jobs for U.S. workers. It is the only employment-based green card category built entirely around investment rather than employment or professional achievement.

There are two ways to invest: directly into a business you establish or substantially reshape, where you must actively manage the enterprise and create ten direct jobs; or through a USCIS-designated Regional Center, where you invest as a passive limited partner in a larger project — often commercial real estate, infrastructure, or hospitality — and job creation counts direct, indirect, and induced positions. Most EB-5 investors choose the Regional Center path for its simplicity and the ability to count indirect jobs.

The EB-5 Reform and Integrity Act of 2022 overhauled the program, reauthorizing the Regional Center model, introducing new set-aside visa categories for rural and high-unemployment area projects, and adding significant integrity protections. Investors in set-aside categories — particularly rural Targeted Employment Areas — benefit from reserved visa numbers that are currently available for all nationalities, including India and China, making TEA projects a strategic choice for faster processing.

Investment thresholds

How much do I need to invest?

Investment amounts are set by regulation and adjusted periodically for inflation. The reduced threshold applies when the investment is in a Targeted Employment Area — either a rural area or an area with unemployment at least 150% of the national average.

Targeted employment area (TEA)
$800K
Rural or high-unemployment areas
Rural TEA: outside a metropolitan statistical area with population under 20,000
High unemployment TEA: area with 150%+ of national average unemployment
Set-aside visa numbers — current priority dates for all nationalities
Most Regional Center projects are TEA-designated
Standard investment
$1.05M
All other areas
Projects located outside qualifying TEA designations
Unreserved visa pool — China and India nationals face backlogs
Less common in Regional Center market
Direct EB-5 projects frequently use standard threshold
Requirements

What every EB-5 petition must show.

Regardless of pathway — direct or Regional Center — all EB-5 petitions must satisfy four core requirements. Source of funds documentation is consistently the most time-intensive and scrutinized element.

01

New commercial enterprise

The investment must go into a commercial enterprise established after November 29, 1990 — or one that has been substantially restructured or expanded. Passive investments like stocks and real estate held for appreciation do not qualify.

02

Capital at risk

The invested capital must be genuinely "at risk" — meaning there can be no guaranteed return of principal and no buyback agreements. The investor must be exposed to potential loss. Loan-based structures must meet specific requirements.

03

Ten qualifying jobs

The investment must create or preserve at least ten full-time positions for qualifying U.S. workers — citizens, lawful permanent residents, or others authorized to work. For Regional Center investments, indirect and induced jobs may count.

04

Lawful source of funds

Every dollar of the invested capital must be traceable to lawful sources. USCIS requires comprehensive documentation of how funds were earned, inherited, gifted, or obtained through asset sales — typically going back five or more years.

Attorney fees

Transparent legal fees.

Attorney fees below are separate from the investment capital, government filing fees, and any Regional Center administrative charges. EB-5 involves multiple USCIS filings over several years; we handle each stage.

Direct EB-5
$15,000
Attorney fees only
Investment structure review
Source of funds documentation
I-526 petition drafting
Job creation analysis
RFE response included
Regional Center EB-5
$12,000
Most common pathway
Regional Center vetting
Source of funds documentation
I-526E petition drafting
TEA designation strategy
RFE response included
I-829 removal of conditions
$5,000
Filed after 2 years
Job creation evidence
Investment sustainment proof
I-829 petition preparation
Status monitoring
Permanent green card support
What to expect

Timeline from investment to permanent green card.

EB-5 is a multi-year process with two distinct USCIS filings. The conditional green card is granted first; after two years of sustained investment and job creation, you petition to remove the conditions and receive permanent residence.

1

Consultation & project selection

We review your financial background, assess source of funds documentation complexity, and advise on direct vs. Regional Center pathways. For Regional Center investors, we help evaluate specific projects for legal soundness and TEA designation.

2–4 weeks
2

Source of funds documentation

The most intensive phase: we work with you to trace and document the lawful origin of all invested capital. This involves gathering tax returns, bank statements, business records, sale agreements, loan documents, and gift letters going back multiple years.

4–10 weeks
3

I-526 / I-526E petition filing

We file the petition with USCIS after funds are invested. Concurrent filing with adjustment of status may be possible for TEA set-aside investors when a visa number is immediately available. For Regional Center investors, the I-526E is filed in lieu of I-526.

Filing day
4

USCIS adjudication & visa processing

I-526/I-526E adjudication currently takes 12–36 months. After approval, investors file for adjustment of status (if in the U.S.) or go through consular processing. TEA set-aside investors in current priority date categories can file I-485 concurrently in some cases.

18–48 months
5

I-829 — removal of conditions

The initial green card is conditional for two years. Within 90 days before the second anniversary of receiving conditional residence, we file I-829 to demonstrate the investment was sustained and ten jobs were created. Approval yields the permanent green card.

Filed at 2 years · 12–24 months to approve
FAQ

Common questions.

The minimum investment is $800,000 for projects in a Targeted Employment Area — either a rural area or a census tract with unemployment at least 150% of the national average. For projects outside a TEA, the minimum is $1,050,000. These amounts are set by regulation and adjusted periodically for inflation. The vast majority of Regional Center projects are TEA-designated at the $800,000 threshold.
Direct EB-5 requires you to invest in and actively manage a new commercial enterprise that creates at least ten direct, full-time jobs for U.S. workers. Regional Center EB-5 allows you to invest passively — as a limited partner — in a USCIS-approved Regional Center that pools capital for larger projects. Regional Center investments can count direct, indirect, and induced jobs, making the ten-job threshold far easier to satisfy. Most investors choose the Regional Center route for its simplicity and the broader range of qualifying projects.
USCIS requires that the invested capital be genuinely exposed to potential loss — there can be no guaranteed return of principal and no redemption agreements that shield the investor from the risk of the enterprise failing. Loan-backed investments must meet specific requirements, and structures that effectively guarantee capital return will be disqualified. This "at risk" requirement remains in place through the entire conditional residence period, typically until I-829 is filed.
The EB-5 Reform and Integrity Act of 2022 created reserved visa allocations: 20% of EB-5 visas are set aside for rural TEA projects, 10% for high-unemployment urban TEA projects, and 2% for infrastructure projects. Reserved category visas cannot be used by the unreserved pool, and currently their priority dates are available for all nationalities — including India and China. This makes rural TEA projects particularly attractive for investors from historically backlogged countries who want to avoid multi-year waits in the unreserved category.
The total timeline from filing to permanent green card is typically 4–7 years. The I-526/I-526E petition takes 12–36 months to adjudicate. After approval, adjustment of status or consular processing adds another 1–2 years for most nationalities. The conditional green card is then held for two years before filing the I-829, which itself takes 12–24 months to approve. Investors in TEA set-aside categories with immediately available priority dates can compress the early stages — but the two-year conditional period and I-829 processing are fixed.
Yes, significantly — but the 2022 Reform Act changes the calculus. Unreserved EB-5 visas have substantial backlogs for China and India nationals. However, the set-aside visa categories (rural TEA, high-unemployment TEA, infrastructure) maintain separate queues with current priority dates for all nationalities, including China and India. Investors from high-demand countries who choose a qualifying set-aside project can often avoid the unreserved backlog entirely. Visa bulletin monitoring is essential throughout the process.