EB-5 USA Investor Visa
Residency By Investment
Second Passport Through Business and Real Estate Investment
Page Contents
EB-5 Immigrant Investor Program
What Is the EB-5 Immigrant Investor Program?
The EB-5 Immigrant Investor Program is a U.S. immigration pathway that allows foreign nationals to obtain a green card through investment. Launched in 1990 by the U.S. Congress, the program was designed to stimulate the American economy through job creation and capital investment by foreign investors.
Under the EB-5 program, eligible investors and their immediate family members (spouse and children under 21) can become lawful permanent residents of the United States by making a qualifying investment in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.
Administered by the U.S. Citizenship and Immigration Services (USCIS), the EB-5 program has become one of the most popular routes for high-net-worth individuals seeking permanent residency in the U.S. It offers a direct path to a green card, with the potential for U.S. citizenship after meeting residency and other eligibility requirements.
EB-5 vs. E-2 Visa: Key Differences
While both the EB-5 and E-2 visa programs are designed for investors, they differ significantly in terms of visa type, residency rights, and investment structure:
| Feature | EB-5 Visa | E-2 Visa |
|---|---|---|
| Visa Type | Immigrant (leads to Green Card) | Non-Immigrant (Temporary) |
| Investment Amount | $800,000 to $1,050,000 USD | No set minimum (typically ~$100,000+) |
| Path to Citizenship | Yes, after permanent residency | No direct path |
| Job Creation Requirement | 10 full-time U.S. jobs | Encouraged, but not strictly required |
| Treaty Requirements | Open to all nationalities | Only available to treaty countries |
| Duration | Permanent (subject to conditions) | Renewable, but not permanent |
The EB-5 visa is ideal for individuals seeking a permanent immigration solution, while the E-2 is better suited for entrepreneurs looking to temporarily manage a U.S. business.
Step-by-Step EB-5 Application Process
If you’re wondering how to apply for the EB-5 visa, here’s a simplified breakdown of the EB-5 process, from initial investment to permanent U.S. residency. Each step is crucial and includes legal, financial, and compliance milestones.
1. Choose Your EB-5 Investment Option
Start by selecting the right investment route:
Regional Center Investment: Passive investment in government-approved projects.
Direct Investment: Active management of a new or existing business.
You’ll need to invest a minimum of $800,000 USD (in a Targeted Employment Area) or $1,050,000 USD (standard areas). Due diligence on the investment vehicle and job creation potential is essential.
2. File Form I-526E (Immigrant Petition by Regional Center Investor)
Once your funds are invested and placed “at risk,” your immigration attorney will submit Form I-526E (or I-526 for direct investment) to USCIS.
This petition demonstrates:
Lawful source of funds
Investment structure
Job creation plan
Investor’s eligibility for the EB-5 program
3. Receive Conditional Green Card (2-Year Residency)
Upon approval of your I-526E, you and your qualifying family members can apply for:
Adjustment of Status (if inside the U.S.)
Immigrant Visa at a U.S. consulate (if abroad)
This grants a conditional green card, valid for 2 years. During this period, the investment must remain active, and job creation must proceed as outlined.
4. Fulfill Job Creation Requirement
The EB-5 regulations require that your investment leads to the creation of at least 10 full-time U.S. jobs within 2 years.
Regional Centers often rely on indirect job creation models
Direct investors must show direct, documented employment
Careful tracking and documentation are essential to satisfy this condition at the next stage.
5. File Form I-829 (Remove Conditions on Permanent Residency)
Within 90 days before the 2-year anniversary of receiving your conditional green card, you must file Form I-829.
This petition proves that:
The full investment amount was sustained
10 jobs were created or are in the process of being created
Once approved, you and your family receive permanent green cards (10-year validity), completing the EB-5 immigration process.
EB-5 Visa Processing Time & Timeline Overview
Understanding the EB-5 visa processing time is essential for planning your U.S. immigration journey. The timeline can vary based on factors such as country of origin, investment type, project structure, and USCIS workload. Here’s a realistic look at the EB-5 timeline, including typical steps and possible delays.
General EB-5 Timeline (2025 Estimates)
| Stage | Estimated Time |
|---|---|
| Choose investment & prepare I-526E | 1–3 months |
| USCIS processing of Form I-526E | 12–24 months (varies by country/project) |
| Consular Processing / Adjustment of Status | 6–12 months |
| Receive Conditional Green Card | Within 2–3 months post-approval |
| File I-829 to Remove Conditions | At 21–24 months after receiving conditional green card |
| I-829 Processing | 24–36 months |
| Receive Permanent Green Card | After I-829 approval (approx. 5–7 years total process) |
🧭 Processing Times Vary by Country of Origin
For investors from countries with high demand or visa retrogression, such as China, India, and Vietnam, longer wait times are expected due to annual visa backlogs and per-country caps.
📌 For the most up-to-date figures, refer to the U.S. Visa Bulletin published monthly by the U.S. Department of State.
🕒 What Causes EB-5 Delays?
USCIS processing inefficiencies
High volume of applications
Project documentation review issues
Incomplete or inconsistent application packages
Backlogs tied to per-country visa caps (especially for high-demand countries)
✅ Tips to Minimize Delays
Work with an experienced EB-5 immigration attorney
Choose projects with pre-approved documentation (I-924 exemplar)
Ensure a clean source of funds trail with supporting documentation
Submit complete and accurate applications
Sources
USCIS EB-5 Visa Official Page
https://www.uscis.gov/eb-5Invest In The USA (IIUSA) – EB-5 industry trade association
https://iiusa.orgU.S. Department of State – Visa Bulletin (for backlog data)
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
EB-5 USA Overview
In 1990, the United States started issuing EB‑5 immigrant visas to investors. The visa opens a path to obtaining a Green Card, which is the same as a permanent residence permit in the US. To get such a visa, an applicant must invest in a commercial enterprise and create at least 10 jobs for skilled workers from the United States.
In 2022, the President of the United States signed the EB‑5 Reform and Integrity Act, which established new minimum investment requirements. It has increased from $500,000 to $800,000.
Investment
Minimum investment of USD 800,000+
Processing Time
Processing time of five year
Key Benefit
Visa free travel to over 180 countries
Citizenship by Investment EB-5 USA
- Fulfil one of the following investment options:
- USD 1,050,000 into a non-targeted employment area project
- USD 800,000 into a targeted employment area project in a rural area or an area with high unemployment
- Create or preserve 10 permanent full-time jobs for qualified US workers
- Spouse
- Children up to 21 years old & unmarried.
- Parents or grandparents that are a minimum of 55 years old
- Unmarried siblings without age restrictions
- 2 years
Get full guide about the process
Benefits of EB-5 USA Investor Visa
Process
copies of the investor and their family members’ civil passports;
birth certificates of all participants;
a marriage certificate or a certificate of its absence;
proof of investment transfer to the selected project;
- certified copies of court decisions in civil or criminal cases against the investor for the last 15 years, if any;
- tax returns for the previous 7 years;
- bank statements for the previous 7 years;
- confirmation of ownership of the company if the investor has a business;
- copies of all business licenses;
- documents confirming the availability of other income;
- financial statements for each business;
- proof of the legality of the investment sources.
Global Mobility
- The investor and their family members get the right to legally live in the United States, one of the world’s wealthiest and most developed countries. EB‑5 visa holders can move to the States immediately after their visa petition is approved.
The EB‑5 visa is an immigrant one. The investor receives a Green Card after two years of living in the US. They get the right to apply for citizenship 5 years later.
The US passport allows the holder to visit over 180 countries visa-free, including the Schengen states, the UK, Canada, and Japan
Residents can get health insurance and treatment in US clinics. The USA is one of the world’s centers of medical tourism: foreigners mostly come to visit gynecologists, oncologists, plastic surgeons, and resuscitators.
Investors’ children can study at US schools for free and receive scholarships for university enrollment. The country has international schools that issue International Baccalaureate (IB) diplomas.
- To drive a car in the US, one can get an international driver’s license.
Wealth Protection
- An investor with an EB‑5 visa can open local bank accounts in dollars, euros, and other currencies. They can keep savings in the account at interest or use it for international payments.
- The EB‑5 visa program doesn’t guarantee investment returns. However, it is possible to get one after the investment cycle is completed. It usually takes 5—7 years. The return rate depends on the specifics of the chosen project.
What EB-5 Investors Need to Know
The primary goal of EB-5 is immigration, not profit. That means the safety of capital and potential financial returns can vary significantly depending on the project and investment structure.
The U.S. Citizenship and Immigration Services (USCIS) requires that all EB-5 investments be “at risk”. This means there can be no guarantee of return, repayment, or protection from loss.
Most EB-5 investments—particularly those made through Regional Centers—offer modest financial returns, usually in the range of 0.25% to 2% annually, depending on the nature of the project and market conditions.
The focus of EB-5 projects is compliance and job creation, not maximizing investor profits. In fact, some of the safest and most immigration-compliant projects may offer low or no yield, prioritizing permanent residency approval over high returns.
Capital return typically occurs after the investor has met job creation requirements and the I-829 petition is approved. This often takes 5–7 years, but it can extend depending on the project’s success and exit structure.
🌍 EB-5 Visa Compared to Other Investment Visas for HNWIs
High-net-worth individuals (HNWIs) exploring global residency or citizenship often compare the EB-5 Immigrant Investor Program with other popular visa routes like the E-2 Visa, L-1 Visa, and various European Golden Visas such as Cyprus , Greece, Hungary, Latvia, Malta, Spain, Portugal, Serbia, Montenegro. Each option serves different goals, whether it’s building a business, gaining flexibility, or securing permanent residency.
Below is a side-by-side comparison to help you determine the most suitable route for your immigration and investment goals:
🧾 Investment Visa Comparison Table
| Feature | EB-5 Visa (USA) | E-2 Visa (USA) | L-1 Visa (USA) | Golden Visas (Europe) |
|---|---|---|---|---|
| Type | Immigrant (leads to green card) | Non-immigrant (temporary) | Non-immigrant (temporary) | Residency (some with path to citizenship) |
| Minimum Investment | $800K – $1.05M USD | Typically $100K–$200K+ USD | No set amount (must own/control foreign biz) | €250K – €500K+ (real estate or fund options) |
| Business Requirement | Passive or active (via Regional Center/Direct) | Must actively run the business | Must manage or transfer to US office | No requirement to operate a business |
| Job Creation Requirement | 10 full-time U.S. jobs | Not mandatory, but business must support employees | Indirect (subsidiary must operate) | None |
| Visa Duration | Conditional green card (2 yrs), then permanent | 2 years, renewable indefinitely | 1–3 years, renewable | 1–5 years, renewable |
| Path to Citizenship | Yes (after 5 years of permanent residency) | No direct path (must change status) | No direct path (can adjust status later) | Yes (varies by country, often after 5+ years) |
| Dependents Included | Spouse & children under 21 | Spouse & children under 21 | Spouse & children under 21 | Spouse & children under 18/21 (varies) |
| Treaty Requirement | No | Yes – must be a treaty country | No | Not applicable |
📌 EB-5 vs. E-2 Visa
EB-5 leads directly to U.S. permanent residency and potentially U.S. citizenship.
E-2 is faster and less expensive but doesn’t offer a direct green card path.
E-2 is only available to nationals of treaty countries.
📌 EB-5 vs. L-1 Visa
L-1 is ideal for multinational company transfers but is time-limited and non-immigrant.
EB-5 requires more capital but offers a direct route to a green card.
📌 EB-5 vs. Golden Visas (Europe)
Golden Visas offer residency with low physical presence requirements and easier entry to the Schengen Zone.
EB-5 provides access to permanent U.S. residency and the world’s largest economy but with stricter compliance and higher investment thresholds.
When comparing EB-5 vs E-2, EB-5 vs L-1, or EB-5 vs Golden Visa programs, your choice depends on goals like long-term residency, family relocation, business activity, or lifestyle preferences. While EB-5 is best for those seeking a U.S. green card through investment, other routes offer flexibility, speed, or lower capital requirements.
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FAQs about EB - 5 USA Investor Visa
The minimum investment is $800,000 USD if the project is located in a Targeted Employment Area (TEA). For projects outside a TEA, the minimum investment is $1,050,000 USD.
No, there is no English language requirement to apply for the EB-5 visa or obtain a green card through investment. However, if you later apply for U.S. citizenship, you may be required to demonstrate basic English proficiency as part of the naturalization process.
It depends on the type of EB-5 investment:
Regional Center Investment: This is typically passive, meaning you are not required to actively manage the business. It’s ideal for investors who prefer a hands-off approach.
Direct Investment: This route requires active involvement in the business operations and is better suited to those who want to own and manage their enterprise.
- be over 18;
- have legal income and be able to prove it;
- have no criminal records;
- not be under sanctions.
An EB-5 Regional Center allows for a passive investment in pre-approved economic development projects and supports indirect job creation.
Direct investment requires you to establish or invest in your own business and create direct, full-time jobs.
Yes. Your spouse and unmarried children under 21 can be included in your EB-5 petition. They will receive conditional green cards and later apply for permanent residency with you.
