EB-5 Immigrant Investor Program in 2024: US Employment-Based Visa

EB-5 Investor Visa to the US

Investors apply for the EB-5 Visa to conduct business and live in the US. This is an immigrant visa that allows applying for a Green Card and US citizenship with time.
US EB-5 Investor Visa: how to obtain in 2023
$800,000
Minimum investment amount
2 options
To choose from for investment
10 jobs
To be created for skilled workers
5+ years
Obtaining period

8 benefits of the EB-5 investment visa to the US

Green Card access
The program offers a direct route to a Green Card for the investor, their spouse, and unmarried children under 21.
No language or business experience requirement
Unlike some other visas, the EB-5 does not require the applicant to be able to speak English, be within a certain age range, or have any particular business or managerial experience.
No sponsor needed
Investors use their own personal funds and do not require sponsorship from a family member or employer.
Freedom to live, work, and retire anywhere in the US
Once the Green Card is granted, EB-5 visa holders and their families are free to live, work, or retire anywhere within the United States.
Access to US education
The EB-5 Visa allows your children to study in the US and can make it easier for them to gain admission to US colleges and universities, where they may also qualify for in-state tuition.
Lower investment requirement in Targeted Employment Areas (TEAs)
If the investment is in a commercial enterprise located in a TEA, that is, a rural area or area with high unemployment, the minimum investment requirement is lowered from $1,050,000 to $800,000.
Potential for return on investment
While the primary purpose of the EB-5 program is to create jobs and not generate returns, there is still potential for a return on the investment depending on the success of the project.
Path to US citizenship
After five years of being a Green Card holder, EB-5 investors are eligible to apply for US citizenship.
EB-5 Investor Visa: requirements for applicants
Requirements for applicants for an EB-5 US immigration visa
Over 18, with a legal income and a clean criminal record
Over 18, with a clean criminal record
Under 21, unmarried

Investment options under the EB-5 immigrant investor program

Direct Investment
The investor can directly invest in a new commercial enterprise that they establish themselves or with partners. The investor must actively manage the business, which can be in any sector.

The minimum investment required is $1,050,000 and must lead to the creation of at least 10 full-time jobs for qualifying US workers within two years. This amount is reduced to $800,000 if the investment is made in a Targeted Employment Area (TEA), which is either a rural area or an area with high unemployment.
Regional Center Investment
The applicant can invest in a project managed by a USCIS-approved Regional Center. Regional Centers are entities that manage EB-5 investments on behalf of investors, often in large-scale construction or development projects. In these cases, the investor is typically a limited partner and does not have to actively manage the business.

The job creation requirement can be satisfied through indirect job creation, which can be determined by economic models, and not just direct jobs. The investment amount is the same: $1,050,000 or $800,000 if the project is located in a TEA.
  • Passport 
  • Birth certificate
  • Marriage certificate, if applicable  
  • Police clearance certificate
  • Bank statements
  • Tax returns
  • Business plan
  • Business licences
  • Source of funds documentation
  • Project documents, if investing through a Regional Center
  • Proof of investment
  • Evidence of job creation
  • Immigrant petition I-526
  • Conditional Green Card petition I-485
  • Green Card petition I-829

Step-by-step procedure for obtaining an EB-5 Visa and Green Card

 
Determine eligibility and investment route
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Confirm that you meet the eligibility requirements for the EB-5 visa. Choose between a direct investment or an investment through a Regional Center.
 
Choose an investment project
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Select a business project to invest in. It's crucial to conduct due diligence to ensure the project is viable and likely to create the required jobs.
 
Invest the funds
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Make the required investment in the chosen project. The minimum investment is either $1,050,000 or $800,000 if the project is in a Targeted Employment Area.
 
Collect required documentation
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Gather the necessary documents to prove the source of your investment funds, the viability of the project, and your personal identification.
 
File Form I-526
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Submit the I-526 Petition, which includes all the necessary documentation about your investment and source of funds, to United States Citizenship and Immigration Services (USCIS).
 
Wait for I-526 approval
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USCIS reviews your petition, a process which can take 3—4 years. If approved, you're eligible to apply for a visa or adjust status to a conditional permanent resident if you're already in the US.
 
Apply for a visa or adjust your status
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If you're outside the US, apply for an immigrant visa at a US consulate or embassy and take the visa interview. If you're already in the US, apply to adjust your status to a conditional permanent resident. USCIS might also require an interview before granting the adjustment of status.
 
Obtain Conditional Green Card
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If your application is approved, you receive a conditional Green Card valid for two years.
 
File Form I-829
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Within the 90-day period before your conditional Green Card expires, submit Form I-829 to remove the conditions on your Green Card. You must demonstrate that your investment led to the creation of at least 10 full-time jobs.
 
Receive Permanent Green Card
US-EB-5-How-to-10
If USCIS approves the I-829 Petition, they remove the conditions on your Green Card, granting you permanent residency in the US.
Frequently asked questions
The EB-5 visa is a US immigrant visa program that provides a pathway to lawful permanent residency for foreign nationals who invest a significant amount of money in a new commercial enterprise in the United States. The investment must lead to the creation of at least 10 full-time jobs for qualifying US workers. The minimum investment amount is $1,050,000 or $800,000 if the investment is made in a Targeted Employment Area with high unemployment or rural area.
The minimum investment required for an EB-5 visa in the US is $1,050,000, but this is reduced to $800,000 if the investment is made in a Targeted Employment Area with high unemployment or rural area. Additionally, there are other costs, including the USCIS filing fees of over $70,000, legal fees, and any other administrative or project-related fees if investing through a Regional Center.
Obtaining an EB-5 visa can be challenging due to the high financial requirements, the need to demonstrate that the funds were lawfully obtained, and the requirement that the investment results in the creation of at least 10 full-time jobs for U.S. workers. Additionally, the application process can be complex and time-consuming, with substantial documentation required and processing times that can stretch into years. However, with careful planning, due diligence, and the assistance of experienced professionals, it is certainly possible for many investors.
The EB-5 Immigrant Investor Visa Program is available to foreign nationals who can make a minimum investment of $1,050,000 (or $800,000 in a Targeted Employment Area) into a new commercial enterprise in the US. The investment must result in the creation of at least 10 full-time jobs for qualifying U.S. workers within two years. Additionally, the investor must be able to prove that the funds come from a lawful source.
The processing time for an EB-5 Immigrant Investor Program petition (I-526) generally ranges from 30 to 60 months, depending on the specifics of the case and the overall workload of USCIS.
The visa refusal rate is high, about 50%. In 2023, the immigration office has reviewed 1,384 applications, of which 705 were rejected. The reasons for the rejections are not disclosed. Nonetheless, with meticulous preparation, rigorous investigation, and the aid of seasoned experts, getting approval for an EB-5 visa is achievable.
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Passportivity assists international clients in obtaining US EB-5 Investor Visa.

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