US EB-5 immigrant investor visa

Who it's for

The EB-5 route suits foreign nationals who have lawfully obtained capital to invest and want US permanent residence for themselves and their immediate family without needing an employer sponsor or a labour certification.

A successful petition lets the investor's spouse and unmarried children under 21 apply for green cards as derivatives.

• Investors able to commit $800,000 or $1,050,000 of lawfully sourced capital
• Those willing to place the investment genuinely at risk for the required period
• Applicants seeking permanent residence without employer sponsorship

Eligibility requirements

Applicants must invest in a new commercial enterprise and be able to show the investment will create at least 10 full-time jobs for qualifying US workers.

• Investment of at least $800,000 in a Targeted Employment Area or infrastructure project, or $1,050,000 otherwise
• Capital invested in a qualifying new commercial enterprise
• Investment placed genuinely at risk with the expectation of gain
• Creation (or in some cases preservation) of at least 10 full-time jobs
• Evidence that the invested capital was obtained through lawful means

Direct investment vs regional centers

Investors can invest directly and manage their own new commercial enterprise, or invest through a regional center designated by USCIS. Regional centers pool investor capital into larger projects and may count indirect and induced jobs using reasonable economic methodologies, whereas direct investors generally must show the jobs their own enterprise creates.

A regional center must file a project application (Form I-956F) and have it on file before any investor can file an I-526E based on that offering.

• Direct investment: investor runs the enterprise; counts direct jobs
• Regional center: pooled project; may count indirect/induced jobs
• Regional center reserved visa set-asides: rural, high-unemployment and infrastructure projects

How to apply

The process begins with an immigrant petition to USCIS and, once approved and a visa is available, proceeds either through consular processing abroad or adjustment of status inside the US.

• File Form I-526 (direct) or I-526E (regional center) with USCIS and pay the fee
• Wait for petition approval and for a visa number to become available under the Visa Bulletin
• Complete the immigrant visa application (DS-260) and interview at a US embassy/consulate, or file Form I-485 to adjust status if already in the US
• Enter the US (or adjust) as a conditional permanent resident for two years
• File Form I-829 to remove conditions after meeting the investment and job-creation requirements

Conditional residence and removing conditions

EB-5 investors first receive conditional permanent residence valid for two years. Toward the end of that period, the investor files Form I-829 to demonstrate that the investment was sustained and the required jobs were created or will be created within a reasonable time. Once USCIS approves the I-829, the conditions are removed and the investor holds unconditional permanent residence.

Exact filing fees change over time; check the current amounts on the official USCIS form pages before filing.