EB-5 Immigrant Investor Program

Program Overview

The EB-5 Immigrant Investor Program, established in 1990, provides foreign investors with a direct pathway to U.S. permanent residency through strategic investment in American businesses. This program, often referred to as the “USA Golden Visa,” is designed to stimulate economic growth and create employment opportunities for U.S. workers while offering qualified investors and their families the opportunity to obtain Green Cards.

The EB-5 program represents one of the most established investment-based immigration pathways globally, with over three decades of successful operation and continuous legislative refinement to enhance program integrity and economic impact.

Key Benefits

• Permanent Residency: Direct pathway to U.S. Green Card status
• Global Gateway: Access to the world’s largest economy and business opportunities
• Family Inclusion: Coverage for spouse and unmarried children under 21
• Educational Access: World-class education system from K-12 through university level
• Healthcare System: Access to advanced medical care and treatment options
• Business Opportunities: Freedom to live, work, and invest anywhere in the United States
• Citizenship Pathway: Eligibility to apply for U.S. citizenship after 5 years of permanent residency

Investment Requirements

Option A: Targeted Employment Area (TEA) Investment

Minimum Investment: $800,000 USD Structure: Investment in qualifying new commercial enterprise located in:

• Rural areas with populations under 20,000
• Areas experiencing high unemployment (150% of national average)
• Designated economically disadvantaged regions

Requirements:

• Investment in new commercial enterprise established after November 29, 1990
• Creation of minimum 10 full-time jobs for qualifying U.S. workers
• Active involvement in enterprise management or policy formation
• Investment funds must remain “at risk” throughout conditional residency period

Option B: Standard Investment

Minimum Investment: $1,050,000 USD Structure: Investment in qualifying new commercial enterprise in non-TEA locations

Requirements:

• Same job creation and enterprise requirements as TEA investments
• Higher investment threshold due to location in economically stable areas
• Direct or indirect job creation acceptable
• Investment must be sustained for minimum two-year conditional period

Investment Pathways

Direct Investment

• Complete control over business operations and management
• Direct responsibility for job creation and business success
• Hands-on management approach required
• Higher degree of personal involvement and risk

Regional Center Investment

• Investment through USCIS-designated Regional Centers
• Pooled investment approach for larger-scale projects
• Professional project management and oversight
• Indirect job creation models acceptable
• More passive investment structure

Application Process

Stage 1: Form I-526 Petition

Documentation Requirements:

• Comprehensive business plan and market analysis
• Detailed financial projections and job creation forecasts
• Source of funds documentation with complete audit trail
• Personal background and qualification documentation
• Investment structure and legal entity formation

Timeline: 20.5-27 months average processing (11 months for rural projects)

Stage 2: Conditional Permanent Residency

Path A – Adjustment of Status (for applicants in the U.S.):

• File Form I-485 Application to Adjust Status
• Biometrics and background security checks
• Interview with USCIS officer
• Conditional Green Card issuance

Path B – Consular Processing (for applicants outside the U.S.):

• National Visa Center processing
• U.S. consulate interview in home country
• Medical examination and security clearances
• Conditional permanent resident status upon U.S. entry

Stage 3: Investment Implementation

Timeline: Must complete investment within 6 months of I-526 approval Requirements:

• Deploy full investment amount into qualifying enterprise
• Begin business operations and job creation activities
• Maintain detailed records of investment deployment
• Ensure compliance with all program requirements

Stage 4: Form I-829 Petition (Condition Removal)

Timeline: File within 90 days before 2-year conditional period expires Requirements:

• Demonstrate sustained investment throughout conditional period
• Provide evidence of required job creation (10+ full-time positions)
• Show ongoing business operations and viability
• Complete background checks and continued eligibility verification

Final Outcome: Approval grants unconditional permanent residency

Family Inclusion

Eligible Family Members

• Spouse: Legal spouse included in petition and residency grant
• Children: Unmarried children under 21 years of age at time of filing
• Age-Out Protection: Children who turn 21 during processing may retain eligibility

Family Benefits

• Same conditional and permanent resident rights as principal applicant
• Freedom to live, work, and study anywhere in the United States
• Access to U.S. public education system and in-state tuition rates
• Eligibility for federal financial aid for higher education
• Healthcare access and social services availability
• Pathway to U.S. citizenship after 5-year permanent residency requirement

Pathway to Citizenship

Naturalization Requirements

Residency Period: Minimum 5 years of permanent residence before citizenship application eligibility

Key Requirements:

• Physical presence in U.S. for at least 30 months during 5-year period
• Continuous residence without extended absences
• English language proficiency (speaking, reading, writing)
• U.S. civics and history knowledge examination
• Good moral character and clean criminal record
• Oath of allegiance to the United States

Important Citizenship Considerations

Dual Citizenship Policy

• United States generally permits dual citizenship
• Other countries may require renunciation of original citizenship
• Tax obligations may continue for both countries
• Careful consideration of implications recommended

Tax Obligations

• U.S. citizens subject to worldwide income taxation
• Foreign bank account reporting requirements (FBAR)
• Potential double taxation treaty benefits
• Professional tax planning essential for international assets

FAQs

What is the minimum investment required for the EB-5 program?

The minimum investment is $800,000 for Targeted Employment Areas (rural or high unemployment areas) or $1,050,000 for standard areas.

How long does the EB-5 process take from start to finish?

The complete process typically takes 5-7 years from initial petition to unconditional permanent residency, including the 2-year conditional period.

What happens if the business fails during the conditional period?

Investors must demonstrate good faith efforts to maintain the investment and create jobs. Business failure alone doesn’t automatically disqualify the petition if requirements were initially met.

Can I include my children in the application if they turn 21 during processing?

The Child Status Protection Act may protect children who “age out” during processing, depending on processing times and priority dates.

Do I need to actively manage the business?

Direct investments typically require active management, while Regional Center investments can be more passive. However, some level of involvement is generally expected.

When can I apply for U.S. citizenship?

You can apply for naturalisation after maintaining permanent residence for 5 years, meeting physical presence requirements, and passing English and civics tests.

Are there any restrictions on where I can live in the U.S.?

Once you obtain permanent residency, you can live anywhere in the United States, regardless of where your EB-5 investment is located.