What is the EB-5 Program?
The EB-5 Immigrant Investor Program is a U.S. visa category that allows foreign nationals to obtain permanent residency (green cards) by investing in job-creating commercial enterprises in the United States.
History & Purpose
The EB-5 program was created by Congress in 1990 as part of the Immigration Act. Its dual purpose is to stimulate the U.S. economy through job creation and capital investment by immigrant entrepreneurs.
In 1992, Congress created the Regional Center Program, which allows investors to pool their investments in larger projects and count indirect jobs toward the 10-job requirement. This made the program more accessible and efficient.
The EB-5 Reform and Integrity Act of 2022 (RIA) modernized the program, adding enhanced integrity measures, priority processing for certain projects, and visa set-asides for rural and high-unemployment areas.
EB-5 Investment Requirements
To qualify for the EB-5 visa, investors must meet specific capital and job creation requirements.
Minimum Investment
- $800KTargeted Employment Area (TEA) — rural or high-unemployment
- $1.05MStandard investment in non-TEA areas
Job Creation
- 10+Full-time jobs for U.S. workers required per investor
- 35 hrs/wkMinimum hours for "full-time" job definition
Source of Funds
- Investment capital must come from lawful sources
- Documentation required proving legal acquisition of funds
- Includes: earnings, business profits, asset sales, inheritance, gifts
Regional Center vs. Direct Investment
Regional Center
USCIS-designated organizations that sponsor EB-5 projects and pool investor capital.
- ✓Indirect and induced jobs count toward requirement
- ✓Passive investment option — no day-to-day management required
- ✓Access to larger, professionally managed projects
- ✓Most common EB-5 pathway (90%+ of investors)
Direct Investment
Investing directly in a new commercial enterprise with active management involvement.
- •Only direct (W-2) jobs count toward requirement
- •Requires active management or policy role
- •More control over business operations
- •Higher complexity and risk management
Common EB-5 Questions
What is the minimum investment for EB-5?
The minimum investment for EB-5 is $800,000 for projects in Targeted Employment Areas (TEA), which include rural areas or areas with high unemployment. For non-TEA projects, the minimum investment is $1,050,000.
How many jobs does EB-5 require?
Each EB-5 investment must create at least 10 full-time jobs for U.S. workers. For Regional Center projects, these can be direct or indirect jobs calculated through economic modeling.
Can my family get green cards through EB-5?
Yes, EB-5 investors can include their spouse and unmarried children under 21 in their application. All qualifying family members can receive conditional green cards along with the primary investor.
How long does the EB-5 process take?
The EB-5 timeline varies by country of origin and USCIS processing times. Generally, the I-526E petition takes 12-24 months, followed by consular processing or adjustment of status. The entire process to permanent residency typically takes 2-4 years.
What is a Regional Center?
A Regional Center is a USCIS-designated entity that sponsors EB-5 projects. Regional Center investments allow investors to count indirect and induced jobs toward the 10-job requirement, making job creation easier to document.
Disclaimer: The information on this page is for educational purposes only and does not constitute legal or immigration advice. Prospective investors should consult qualified immigration counsel before making any decisions.