1. The immigration investor must invest or be in the process of investing at least $1,000,000 USD in an EB-5 project, or $500,000 if the project is in a designated Targeted Employment Area (TEA).

  2. Investments must benefit the U.S. economy by providing goods or services to U.S. markets.

  3. Investments must create full-time employment for at least 10 U.S. workers. This includes U.S. citizens, Green Card holders — lawful permanent residents — and other individuals lawfully authorized to work in the U.S.

    NOTE: This does not include you, the immigrant investor, or your spouse, sons or daughters.

  4. The investor must be involved in the day-to-day management of the new U.S. business or directly manage it through formulating business policy as: a corporate officer; a board member; a limited partner; a member of an LLC, etc.

download the EB5 Flowchart


The Process

The EB-5 Visa and permanent residence process involves several steps. First, the investor decides what EB-5 project to invest in. Once the project has been identified, the investor usually makes a refundable deposit based on the deposit agreement. Upon making the deposit, the investor is given a certain period of time to decide whether they desire to complete the investment in the project. If so, then the remaining amount is due. If not, the deposit is returned in accordance with the deposit agreement.

Assuming the immigrant investor proceeds with the project, the I-526 is filed by the their immigration attorney. If approved, the business investor, in conjunction with their immigration attorney, chooses between a consular process or file adjustment of status to receive the conditional residency.

It is important to note that the residency is conditional and granted for a period of twenty four (24) months. Twenty one (21) months after permanent residency is granted the investor will file for removal of the conditions and to become a permanent residence. This will be granted if: (a) the investment remains at risk and (b) the ten (10) jobs were created. After approval, the investor now has permanent residence.

Read About the Path to EB5 Financing

Frequently Asked Questions