Explaining the EB-5 Investor Visa
- By Fileright
- Last Updated:
Introduction
Since 2000, nearly 123,000 investors and their families have secured U.S. permanent residency through the EB-5 investor program, as reported by Invest in the USA’s EB-5 Data Dashboard. In 2024 alone, over 6,000 EB-5 visas were issued.
The EB-5 investor visa is an attractive option for investors and entrepreneurs seeking good returns and planning to gain US residency for themselves and their families.
What is an EB-5 Investor Visa?
The EB-5 visa is a great opportunity for entrepreneurs and investors looking for permanent residency in the USA as it allows the investor and his immediate family to get a conditional green card to live in the United States of America, which can, later on, be converted to permanent residency.
It is part of the Employment-Based Fifth Preference (EB-5) Immigrant Investor Program. The primary requirement of this visa is that it should create jobs for US workers within 2 years of the investment.
Who administers EB-5 Investor Visa?
The EB-5 Investor Visa is administered by United States Citizenship and Immigration Services. Congress initially created this visa in 1990 to stimulate investments in the US economy for job creation and capital investment by foreign investors.
What are the advantages of an EB-5 visa?
The following are the advantages of an EB-5 visa:
- It can be a path to US citizenship for the investor, their spouse, and unmarried children under 21 years.
- If you are an approved EB-5 visa holder then you can apply your immigration petition through self-petition, that is without the help of the employer or any family member.
- You are free to work in the United States in any lawful capacity.
What are the requirements for an EB-5 Visa?
The EB-5 visa program allows foreign investors to get a US green card by investing in a new business that creates jobs for American workers. To qualify, the following are the requirements to be fulfilled:
- The minimum investment amount in a US business should be up to $1.05 million. If the US business is located in a Targeted employment area or a rural area, the investment amount could be reduced to up to $800,000. Investment can be in the form of Cash, assets, or other legally obtained forms of value.
- You must invest in a new commercial enterprise.
- The investment through the EB-5 visa program in the US business must create at least 10 full-time jobs for the US workers. Also, it should be remembered that if the business is not part of a regional center (A regional center is a public or a private economic entity that is promoting economic growth), the jobs created must be directly created by the business. However, if the business is located in the regional center, then the jobs can be created directly or indirectly in the related industries.
- The Investor can invest in a troubled business which has existed for at least two years and has suffered a net loss of at least 20% of its worth in the past 12-24 months. USCIS evaluates the existence of the business for the same period by considering the successors in the interest of the troubled business.
- Another important factor is the qualifying employees for the business:
- US citizens,
- lawful permanent residents,
- immigrants authorized to work in the US
The job must be full-time, meaning at least 35 hours per week, or those which last at least two years are considered valid. Furthermore, the investor and his family are not considered to be qualifying employees.
What is meant by a new commercial enterprise under EB-5 Visa?
A new commercial enterprise refers to any for-profit business activity established for the ongoing conduct of lawful operations. It can take the following forms:
- Sole Proprietorship or Partnership (limited or general)
- Corporation or Limited Liability Company (LLC)
- Holding Company with its wholly owned subsidiaries (provided each subsidiary is involved in a for-profit, lawful business)
- Joint Venture, Business Trust, or Other Entity (publicly or privately owned)
This definition excludes non-commercial activities like owning and managing a personal residence.
What are the steps to be followed for getting an EB-5 Visa?
The EB-5 program offers significant benefits, but the process involves several steps, and below is the simplified detail of the steps:
Step 1: File Form I-526 or Form I-526E
If you’re a Standalone investor, you’re supposed to file Form I-526 (Immigrant Petition by Standalone Investor). On the other hand, if you are investing through Regional Centers, you have to file Form I-526E (Immigrant Petition by Regional Center Investor). Here is the key difference between Form I-526 and Form I-526E
Form I-526: Immigrant Petition by Standalone Investor
Form I-526 is used by investors who are making a direct investment into a new or existing US business. In this case, the investor directly manages their EB5 investment project overseas, and they play a significant role in the management and operation of the business.
Form I-526E: Immigrant Petition by Regional Center Investor
Form I- 526E is used by investors to invest in a project sponsored by regional centers (a government-designated entity that pools EB-5 investments from multiple investors). In this, the investors do not directly manage the project; instead, it is managed by the regional center, and their only contribution is to the capital.
Step 2: Check Visa Availability
After you submit your I-526 or I-526E petition, you will have to ensure that an immigrant visa is available for you. Visa availability is largely dependent on the country of your origin and the number of visas that are available under the EB-5 category. For this, you can visit the US Department of State’s Visa Bulletin, which provides when visas become available for different categories of immigrants.
Step 3. Apply for a Green Card or Immigrant Visa (Form I-485 or DS-260)
In this step, you are supposed to apply for conditional permanent residency, which is dependent on the fact where you are that is inside or outside the US:
- If you are in the US, you will have to file Form I-485 (Application to Register Permanent Residence or Adjust Status).
- If you are outside the US, you must file Form DS-260 (Application for Immigrant Visa and Alien Registration). This form is submitted as part of your consular processing. After filing this form, you must attend an interview at the US Consulate or your embassy in your country. If your application is approved, you will be issued an EB-5 visa to enter the US as a conditional permanent resident.
Step 4: Conditional Permanent Residency
You will be granted conditional permanent residency once your Form I-485 is approved or you have entered the US on an EB-5 visa. The status of this conditional residency lasts for two years, during which you and your family are allowed to live, work, and study in the US.
Step 5: File Form I-829 to Remove Conditions
After the two-year conditional residency period, you will have to file Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status). This form must be submitted 90 days before your conditional green card expires. The purpose of this petition is to demonstrate to USCIS that:
- Your investment in US business has been sustained for two years.
- The business has met the job creation criterion.
- You have been complying with all the EB-5 regulations.
Step 6: Permanent Residency
If everything goes well and USCIS approves your Form I-829, then the conditions on your residency will be removed, and you and your family will become unconditional permanent residents of the United States as the permanent resident, you will become eligible for US citizenship through the process of naturalization after you have held permanent resident status for at least five years.
What is the processing cost for an EB-5 investor visa?
The total cost for an EB-5 investor visa ranges between $21,130 and $22,225, with a processing time of 1 to 3 years. Below is a detailed breakdown:
| Fee Type | Applicant Within the U.S. (Adjustment of Status) | Applicant Outside the U.S. (Consular Processing) |
| Form I-526 | $11,160 | $11,160 |
| Form I-485 / Form DS-260 | $1,440 (Form I-485) | $325 (Form DS-260) |
| Affidavit of Support Fee | N/A | $120 |
| Form I-829 | $9,525 | $9,525 |
| Total | $21,130 | $22,225 |
What is the processing time for EB-5 Investor visa?
- Funding and Investing in an EB-5 Project: This step takes about 2 months. You need to gather documentation showing the lawful source of your investment and prove you have a suitable project for investment.
- Filing Form I-526 or I-526E: This step takes between 6 to 24 months when you formally submit your investment petition to USCIS.
- Adjustment of Status or Consular Processing: If you are in the U.S., you file Form I-485 to adjust your status. If you are outside the US, you must file Form DS-260 through consular processing. This step usually takes 6 to 12 months.
- Approval of Form I-829: The final step involves filing Form I-829 to remove conditions on permanent residency, taking between 22 to 48.5 months for approval.
Conclusion
The EB-5 Investor Visa is a great opportunity for foreign investors who are interested to invest and live in the US. The primary mandate is that the foreign investor make a significant financial contribution to either a new or troubled business inside the US, which creates jobs for US workers. Based on this, the investor and his family can gain conditional permanent residency, which can later be converted to a permanent green card.
This visa program is beneficial not only for foreign investors but also for economic growth. If you want to invest in the US and meet the requirements, don’t wait. Start your journey today by exploring the EB-5 Investor Visa and unlock the possibility of building a life in the US.
