The EB-5 investor visa is an immigration pathway that can lead to a U.S. green card through a qualifying investment and job creation.
This guide is for investors, entrepreneurs, and families who want to understand the requirements, the process, and common benefits and risks. Requirements vary by project type and source-of-funds evidence.
Immigration rules and procedures can change, so this is general information, not legal advice.
What Is the EB-5 Investor Visa?
The EB-5 investor visa is the employment-based fifth preference category that offers lawful permanent residence through investment.
It is administered by U.S. Citizenship and Immigration Services, and eligible family members include a spouse and unmarried children under 21.
Who Is the EB-5 Investor Visa Designed For?
EB-5 is designed for investors who can invest capital and want a green card route that does not require employer sponsorship. They are:
- High-net-worth investors who can meet the minimum investment and document lawful funds
- Entrepreneurs seeking permanent U.S. residency through an investment-backed path
- Investors who want flexibility to live and work anywhere in the United States
EB-5 Investor Visa Requirements
EB-5 requirements focus on minimum investment, job creation, and lawful funds.
Minimum Investment Amount
The minimum investment is generally $1,050,000 for a standard (non-TEA) project, and generally $800,000 for a project that qualifies as a Targeted Employment Area (TEA) or a qualifying infrastructure project.
The investment must be at risk, meaning funds are committed to the enterprise with the possibility of gain or loss.
Job Creation Requirement
EB-5 generally requires at least 10 permanent, full-time U.S. jobs for qualifying workers. Direct investments typically rely on direct jobs, while regional center structures may also rely on indirect jobs supported by accepted economic methodologies.
Lawful Source of Funds
Investors must show funds were obtained lawfully and trace the path of funds into the EB-5 investment. Common evidence includes bank records, tax filings, and transfer documentation that matches the investment timeline.
EB-5 Visa Investment Categories
EB-5 investments are commonly grouped by location and structure.
- TEA investments: Often qualify for the reduced investment threshold
- Non-TEA investments: Typically use the standard investment threshold
- Regional center vs direct: Regional center investments may allow indirect job counting; direct investments generally rely on direct job creation
EB-5 Investor Visa Application Process
EB-5 usually moves from an investor petition to conditional residence and then to conditions removal.
- File an investor petition with investment, job creation, and source-of-funds evidence
- Complete USCIS review and respond to any evidence requests
- Apply through consular processing or adjustment of status when a visa is available
- Receive a conditional green card
- File to remove conditions by proving sustained investment and job creation
Benefits of the EB-5 Investor Visa
EB-5 benefits include permanent residence and flexibility.
- Green card pathway without employer sponsorship
- Ability to include spouse and unmarried children under 21
- Freedom to live and work anywhere in the United States
- Eligibility to apply for U.S. citizenship after meeting residence requirements
EB-5 Investor Visa vs. E-2 Investor Visa
EB-5 and E-2 are both investment-related, but EB-5 is permanent-residence focused and E-2 is temporary.
- EB-5 is immigrant; E-2 is nonimmigrant
- EB-5 has set minimums; E-2 requires a substantial investment with no fixed minimum
- EB-5 requires 10 full-time jobs; E-2 focuses on developing and directing a business
- E-2 generally requires treaty nationality; EB-5 does not
- EB-5 is a green card route; E-2 does not itself grant permanent residence
Common Risks and Challenges of the EB-5 Program
EB-5 includes investment risk and immigration timing risk.
- Investment must be at risk, so there are no guarantees
- Processing delays, visa backlogs, or retrogression can extend timelines
- Project performance matters for job creation and conditions removal
- Policy changes can affect definitions and procedures
How Immigration Lawyers Help With EB-5 Cases
Immigration lawyers help by building a compliant evidence record.
- Confirm eligibility and the correct project structure
- Prepare source-of-funds and path-of-funds documentation
- Plan job creation evidence for the chosen structure
- Support the conditions removal stage
Key Takeaways
- EB-5 can lead to a green card through investment and job creation.
- The minimum investment is generally $1,050,000, or $800,000 in TEA or infrastructure scenarios.
- EB-5 generally requires 10 permanent, full-time U.S. jobs per investor.
- Source-of-funds documentation is often the deciding evidence.
For more immigration guidance and resources, visit ImmigrationQuestion.com.
Frequently Asked Questions
- Does the EB-5 visa guarantee a green card?
No. The investment must remain at risk, and the requirements must be met through the condition’s removal stage. Approval depends on complete and consistent evidence. - What are the main steps in the EB-5 application process?
The process usually includes an investor petition, USCIS review, a visa or adjustment stage, conditional residence, and a later filing to remove conditions. The sequence can differ based on where you apply and visa availability. - How long does EB-5 processing take?
Timelines vary by case complexity, agency workload, and visa availability. Some applicants face longer waits if visa numbers are not immediately available. - Can family members be included in an EB-5 application?
Yes. A spouse and unmarried children under 21 can be included as derivative applicants. Each family member must independently qualify under the relationship rules. - How does conditional permanent residence work under EB-5?
EB-5 investors typically receive conditional permanent residence first. They later file to remove conditions by proving sustained investment and job creation. - Can I live anywhere in the U.S. with EB-5?
Generally yes. After becoming a lawful permanent resident, you can typically live and work anywhere in the United States while maintaining residence requirements.
