EB5 Investor Visa | Immigrant Investor Program

What is EB5 Visa

The EB-5 Visa is a U.S. immigrant visa program that allows foreign investors to obtain a green card (permanent residency) by investing in the U.S. economy. The program was created in 1990 to stimulate economic growth through job creation and capital investment by foreign nationals. EB-5 investors, along with their spouse and unmarried children under 21, can qualify for a green card by meeting the investment and job creation criteria set by the U.S. Citizenship and Immigration Services (USCIS).

EB5 Visa Requirements

To be eligible for the EB-5 Visa, applicants must meet the following key requirements:

• Minimum Investment Amount

  • $800,000 if investing in a Targeted Employment Area (TEA)

  • $1,050,000 for non-TEA investments

• Investment Must Be in a New Commercial Enterprise (NCE)
  The business must have been established after November 29, 1990, or restructured if older.

• Job Creation Requirement
  The investment must create or preserve at least 10 full-time jobs for qualified U.S. workers within two years.

• At Risk Capital
  The investment must be at risk for the purpose of generating a return on the capital.

• Lawful Source of Funds
  Investors must provide documentation proving that the investment funds were obtained legally.

• Active Involvement (in some cases)
  While direct involvement in day-to-day management is not mandatory, the investor must be involved in policy formation.

EB5 Investors Visa Process

The EB-5 Visa process includes several key steps:

1. Select Investment Project
   Choose a qualifying investment, either through a Regional Center or direct investment.

2. Invest the Capital
   Transfer the required funds into the selected commercial enterprise.

3. File Form I-526E (or I-526)
   Submit the immigrant petition with USCIS to prove eligibility.

4. Consular Processing or Adjustment of Status

   • If outside the U.S.: Apply for a visa through a U.S. embassy/consulate.

   • If inside the U.S.: File Form I-485 to adjust status to permanent resident.

5. Conditional Green Card Issuance
   Once approved, the investor receives a 2-year conditional green card.

6. File Form I-829
   After two years, file to remove conditions by proving the job creation and sustained investment.

EB5 Investors Visa Processing Time

Processing times for the EB-5 visa can vary based on factors like petition volume, country of origin, and project type:

• Form I-526E Processing Time:
  Typically ranges from 12 to 24 months, but can be longer depending on USCIS workload.

• Consular Processing or Adjustment of Status:
  May take an additional 6 to 12 months after I-526E approval.

• Form I-829 (Removal of Conditions):
  Generally takes 22 to 45 months to process after filing.

• Country-Specific Delays:
  Applicants from countries like China or India may experience additional delays due to visa retrogression or quota backlogs.