The EB-5 visa is a unique pathway to U.S. permanent residency for investors willing to contribute to the U.S. economy. By investing in a qualifying business and creating jobs, foreign nationals can obtain a green card for themselves and their immediate family.
However, with changing regulations and increasing interest from global investors, understanding the EB-5 visa process and timeline can be really confusing. This guide explains everything you need to know about the EB-5 visa application process steps, how long the EB-5 visa application process typically takes, and what can impact your timeline.
What Is the EB-5 Visa and Who Qualifies?
The EB-5 visa is a U.S. immigrant visa program designed for foreign investors to obtain lawful permanent residence (a green card) by investing a certain amount of capital into a qualifying U.S. business that creates jobs.
As of June 2025, the minimum investment is $1,050,000, or $800,000, if the project is located in a Targeted Employment Area (TEA).
To qualify, an investor must:
- Invest the required capital in a new commercial enterprise.
- Create at least 10 new full-time jobs (except when investing in a qualified troubled business where job preservation is permitted).
- Prove the lawful source of investment funds.
- Meet all other program requirements, including sustaining the investment over time.
EB-5 Visa Application Process Steps
The EB-5 visa process involves multiple phases, each with specific documentation and review by USCIS. Here’s a breakdown of the typical steps:
1. Select an EB-5 Investment Project
Choose a direct enterprise or a regional center project. Ensure the project qualifies under EB-5 rules and meets TEA criteria if seeking the reduced investment threshold.
2. Document the Lawful Source of Funds
USCIS requires thorough financial documentation showing how you obtained the investment money. This includes tax returns, employment income, business profits, property sales, or gifts with proper documentation.
3. File Form I-526 or I-526E
This petition proves your investment meets EB-5 criteria. I-526 is for direct investors; I-526E is for regional center applicants. Approval of this petition is the first major milestone in the process.
4. Consular Processing or Adjustment of Status
If you’re outside the U.S., apply for an immigrant visa through consular processing. If you’re inside the U.S. on another status, you may file Form I-485 to adjust status.
5. Receive Your Conditional Green Card
Once approved, you receive a two-year conditional green card, allowing you and your family to live and work in the U.S. while proving that job creation requirements are met.
6. File Form I-829 to Remove Conditions
Within 90 days before your conditional green card expires, file Form I-829 to show you’ve fulfilled job creation and investment requirements. Approval removes conditions and grants full permanent residency.
EB-5 Visa Timeline Overview: How Long Does the EB-5 Process Take?
Here’s a breakdown of how long each step usually takes, depending on USCIS workloads and country of origin:
- Form I-526/I-526E Processing: USCIS currently takes 30 – 60+ months to process this petition, depending on backlog and the applicant’s country of origin.
- Consular Processing: After I-526 approval, consular processing generally takes 6 – 12 months. Applicants attend a visa interview and undergo medical checks.
- Adjustment of Status: If applying from within the U.S., Form I-485 takes about 7 – 29 months, depending on the field office and applicant profile.
- Conditional Residency Period: Once approved, the conditional green card is valid for two years.
- Form I-829 Processing: USCIS takes about 7 – 24 months to adjudicate the petition to remove conditions. You may remain in the U.S. while this is pending.
In total, the full EB-5 process typically takes 4 – 7 years, depending on various factors.
Factors That Affect the EB-5 Timeline
Country of Origin
If you’re from a country like China or India, backlogs may delay visa availability due to annual per-country caps. This I-526 approval waiting time doesn’t affect all investors equally.
Type of Project (Direct vs. Regional Center)
Regional center applications may face more scrutiny and delays, especially with reauthorization updates. Direct investments are more straightforward but require active management.
USCIS Backlogs and Policy Changes
Processing times shift based on USCIS resources, staffing, and evolving rules. Delays in one step can affect the entire timeline.
Source of Funds Complexity
If your source of investment funds involves gifts, loans, or multiple accounts, it may take longer for USCIS to verify legitimacy, leading to RFEs.
Filing Errors or Missing Documents
Errors in petitions, like unclear business plans or incomplete source of funds documentation, can result in delays, RFEs, or denials.
Final Thoughts
The EB-5 visa process & timeline can feel long, but with the right preparation, it’s absolutely manageable. Investors who understand the process, plan ahead, and work with experienced professionals usually navigate it with fewer setbacks.
If you’re considering EB-5 or already in the middle of the process, staying informed is critical. Visit Immigration Questions to ask your questions for free and get direct answers from registered immigration attorneys, often within hours. It’s a smart way to get clarity and move forward confidently.
Frequently Asked Questions
1. What is the EB-5 visa process?
It’s a multi-step immigration path for investors to gain U.S. green cards by investing in U.S. businesses that create jobs.
2. How long does the EB-5 visa application process typically take?
Anywhere from 4 – 7 years, depending on your country, USCIS processing times, and project details.
3. What is the minimum investment for the EB-5 visa in 2025?
$1,050,000 for standard investments and $800,000 for TEA-designated projects.
4. Can I include my family in the EB-5 application?
Yes, your spouse and unmarried children under 21 can be included.
5. Do I need a lawyer for the EB-5 process?
It’s highly recommended. An experienced immigration attorney can help avoid delays, ensure compliance, and increase approval chances.
