EB5 Green Card: Investment-Based U.S. Residency

The EB5 immigrant investor program allows foreign nationals to obtain a U.S. green card by investing in a U.S. business that creates jobs for American workers. It is one of the few direct-to-green-card immigration options that does not require a job offer or labor certification.

Minimum Investment Requirements:

• $1,050,000 USD in a standard investment project (as of the 2022 EB-5 Reform and Integrity Act)
• $800,000 USD if investing in a Targeted Employment Area (TEA) (rural or high-unemployment area), which includes rural areas or high-unemployment zones

The investment must lead to the creation of at least 10 full-time jobs for qualifying U.S. workers within a two-year period. Investors can either:

• Start their own enterprise (direct investment)
• Invest in a USCIS-approved regional center project

EB5 investors initially receive conditional permanent residency for two years. Near the end of that period, they must file Form I-829 to remove conditions and demonstrate that the investment and job creation requirements were met.

This path is popular among entrepreneurs, international investors, and families seeking permanent residency without employer sponsorship or lottery systems. It allows the applicant, spouse, and children under 21 to receive green cards.

Processing times for EB5 vary depending on backlog and whether the investment is in a set-aside category. The process involves filing Form I-526E, consular or adjustment processing, and then Form I-829.

The EB5 program offers flexibility, but investors must conduct thorough due diligence to avoid fraudulent schemes. Financial transparency and credible project documentation are essential for approval.

🔎 Note: The EB-5 investment thresholds were previously increased to $1.8M / $900k in 2019, but that rule was repealed in 2021. The current levels of $1,050,000 and $800,000 were set by the EB-5 Reform and Integrity Act of 2022.