The EB-5 visa (Employment-Based, Fifth Preference) offers a path to U.S. permanent residency (green card) for foreign investors who meet specific investment and job creation requirements. This guide provides up-to-date and comprehensive information to help you understand the EB-5 process, costs, eligibility, and more.
Introduction:
The EB-5 visa allows foreign nationals to obtain U.S. green cards by investing in a new commercial enterprise that creates or preserves at least 10 full-time jobs for U.S. workers. Spouses and unmarried children under 21 may also receive green cards under the same petition.
The program is managed by the U.S. Citizenship and Immigration Services (USCIS) through its Immigrant Investor Program Office (IPO) and was established in 1990 to stimulate the U.S. economy through job creation and capital investment.
Check Also: USA Gold Card Visa – Path for Skilled Workers and Investors
Processing Times:
Current USCIS Processing Times:
- Form I-526 (Immigrant Petition by Standalone Investor): Approx. 71.1 months
- Form I-485 (Adjustment of Status in U.S.): Approx. 6–8 months
- Form DS-260 (Consular Processing Abroad): Interview typically scheduled within 60–90 days after USCIS approval.
- Form I-829 (To Remove Conditions on Residency): Approx. 22–48.5 months
- Use the uscis online tool
Note: Processing times vary by case, service center, and petition complexity.
Visa Cost:
These are the USCIS filing fees (excluding investment and regional center admin fees):
Applicant Inside the U.S. (Adjustment of Status)
- Form I-526: $11,160
- Form I-485: $1,440
- Form I-829: $9,525
- Total: $21,130
Applicant Outside the U.S. (Consular Processing)
- Form I-526: $11,160
- Form DS-260: $325
- Affidavit of Support Fee: $120
- Form I-829: $9,525
- Total: $22,225
Tip: Regional centers often charge administrative fees ranging from $50,000 to $70,000.
Eligibility Requirements:
To qualify for an EB-5 visa, an applicant must:
- Invest in a U.S. business that is for-profit and structured as a corporation, partnership, sole proprietorship, or similar entity.
- Create or maintain at least 10 full-time jobs for U.S. workers.
Minimum Investment Amounts:
- $1,050,000 minimum investment in a standard area.
- $800,000 minimum if investing in a Targeted Employment Area (TEA) — rural or high-unemployment area.
If the petition was filed:
- $1,000,000 (standard)
- $500,000 (TEA)
What Counts as Capital?
Qualifying capital includes:
- Cash
- Equipment
- Inventory
- Property
- Secured debt (if investor is personally liable)
Job Creation Requirements:
- If the business is within a USCIS-designated regional center, jobs can be created directly or indirectly.
- If outside a regional center, direct job creation is required (investor’s enterprise must directly employ at least 10 workers).
Special Allowance for Troubled Businesses:
- The enterprise must have existed for 2+ years and suffered a net loss of at least 20% over 1–2 years prior to the petition.
U.S. Investor Visa Program:
The U.S. investor visa program, known officially as the EB-5 Immigrant Investor Program, is a pathway to lawful permanent residence (Green Card) for foreign nationals who invest in the U.S. economy.
Launched by Congress in 1990, the program is designed to attract foreign investment that boosts job creation and economic growth in the United States. Under this program, eligible investors and their immediate family members (spouse and unmarried children under 21) can obtain a Green Card by making a qualified investment in a new commercial enterprise
EB-5 Visa for Permanent Residency:
The EB-5 visa for permanent residency is an employment-based immigrant visa that offers foreign investors the opportunity to live permanently in the U.S. by fulfilling the following requirements:
Basic EB-5 Eligibility Criteria:
- Minimum Investment:
- $800,000 in a Targeted Employment Area (TEA)
- $1,050,000 in other areas
- Job Creation: Must create or preserve at least 10 full-time jobs for U.S. workers.
- At-Risk Investment: The investment must be placed “at risk” for profit.
- Legitimate Source of Funds: Must prove the funds used were lawfully obtained.
The EB-5 visa provides conditional permanent residence for 2 years, after which investors can apply for full permanent residency.
EB-5 Green Card:
An EB-5 Green Card is a permanent resident card granted to foreign investors who complete the requirements of the EB-5 visa. It allows the investor and qualifying family members to:
- Live and work anywhere in the U.S.
- Travel in and out of the United States freely
- Access top-tier education and healthcare
- Apply for U.S. citizenship after 5 years of permanent residence
This Green Card is initially conditional for two years and becomes permanent once job creation and investment criteria are met.
How to Apply for EB-5 Investor Visa 2025?
Step 1: File Form I-526 (Initial Petition)
Include documentation proving:
- Investment in a qualifying U.S. business
- Business is located in a TEA (if applicable)
- Involvement in day-to-day management or policy
- Commitment to job creation
➡ Form I-526 Requirements Guide
Step 2: Apply for a Green Card
- If in the U.S.: File Form I-485 (Adjustment of Status)
- If outside the U.S.: File Form DS-260 (Consular Processing) and attend an embassy interview
Successful applicants receive a conditional green card valid for 2 years.
Step 3: File Form I-829 (Remove Conditions)
- File within 90 days before the conditional green card expires
- Submit evidence of sustained investment and job creation
Once approved, the applicant and eligible family members become lawful permanent residents.
Regional Center:
If you’re investing through a Regional Center, ensure it is:
- USCIS-designated and approved
- Transparent about investment risk
- Has a proven track record of EB-5 success
Warning: Beware of EB-5 fraud. Always verify information and avoid unregistered brokers.
Other Investor & Employment Visas:
- EB-1: For individuals with extraordinary abilities
- EB-2: For advanced degree holders or exceptional abilities
- EB-3: For skilled workers
- EB-4: For special immigrants
- E-2: For treaty investors (nonimmigrant visa)
Conclusion:
The EB-5 visa offers a direct path to permanent residency and citizenship for investors who can meet its requirements. While the process is complex, careful planning and professional guidance can make the journey more manageable.
➡ For personalized assistance, consider speaking with an immigration attorney or using vetted services that specialize in EB-5 filings.
Frequently Asked Questions:
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Do I need to manage the business I invest in?
Yes. You must have a managerial or policy-forming role in the business, but you don’t need to be involved in day-to-day operations.
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Can I include my family in the EB-5 application?
Yes. Your spouse and unmarried children under 21 can be included and receive green cards as derivatives of your EB-5 application.
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What is the EB-5 visa?
The EB-5 visa is a U.S. immigrant visa that grants permanent residency (a green card) to foreign nationals who invest in a qualifying U.S. business and create or preserve at least 10 full-time jobs for U.S. workers.
