EB-5 Immigrant Investor Program

EB-5 Immigrant Investor Program

The EB-5 program provides a pathway to US permanent residency for foreign investors who make a substantial capital investment in a US commercial enterprise and create jobs for American workers. The program was created by Congress in 1990 and substantially reformed by the EB-5 Reform and Integrity Act of 2022.

Investment Thresholds

• $800,000 — for investments in a Targeted Employment Area (TEA): rural areas or areas with unemployment at least 150% of the national average
• $1,050,000 — for all other areas (set-aside and non-TEA investments)

Investment amounts are adjusted periodically for inflation.

Job Creation Requirement

The investment must create or preserve at least 10 full-time jobs for qualifying US workers. Jobs can be: - Direct jobs: Employees directly employed by the commercial enterprise - Indirect jobs (Regional Center only): Jobs created indirectly through economic activity from the investment

Investment Pathways

Direct Investments: You invest directly into a new or existing commercial enterprise that you actively manage. Must create at least 10 direct jobs.

Regional Center Investments: You invest through a USCIS-designated EB-5 Regional Center, a pooled investment vehicle. Indirect job creation counts. This is the most common pathway as it does not require active management.

Process Overview

1. 1.File I-526E petition (or I-526 for direct) with investment proof
2. 2.Receive conditional green card (2-year conditional residence)
3. 3.File I-829 to remove conditions after 2 years (proving investment maintained and jobs created)
4. 4.Receive 10-year permanent green card

2022 Reforms

The EB-5 Reform and Integrity Act introduced set-aside visa allocations for rural areas (20%), high unemployment areas (10%), and infrastructure projects (2%), with priority processing for these categories.