EB-5 Visa Program

The EB-5 visa is a way to get your green card and permanent residency through investment. The EB-5 investor visa program enables foreigners who make an investment in a U.S. business to obtain a green card and become lawful permanent residents, and eventual citizens, of the United States.

The investment can lead to a green card for the investor to permanently live and work in the United States with their spouse and unmarried children under the age of 21. The EB-5 visa program is operated by United States Citizenship and Immigration Services (USCIS). The program was established by the United States Congress in 1990 to facilitate increased investment in the U.S. economy.

EB-5 Visa Immigrant Investment Requirements

To meet EB-5 investor visa requirements, foreign investors must make an “at risk” capital investment in a for-profit U.S. business entity. The required investment amount is either $800,000 or $1,050,000 depending on which project you invest in.

• $800,000 if invested in a targeted employment area (TEA)
• $1,050,000 for non-TEA investments

EB-5 investments must lead to the creation of 10 full time U.S. jobs for at least two years. Major reforms were enacted through the Consolidated Appropriations Act of 2022 via the EB-5 Reform and Integrity Act.

Program Reforms and Key Updates

• 5-year Extension: Reauthorized EB-5 “Regional Center” Program through September 30, 2027.
• TEA Designations: Expanded eligibility with lower investment levels and visa set-asides for rural and distressed urban areas.
• Visa Prioritization: USCIS must prioritize visas for investors in rural areas.
• New Urban TEA Criteria: High unemployment areas must meet a threshold of 150% of the national average.
• Infrastructure Projects: Must be public works projects approved by DHS.
• Qualified Investment Tiers: $800,000 (TEAs), $1,050,000 (non-TEAs), with inflation adjustments every 5 years.
• Visa Set-Asides: 20% Rural, 10% Urban TEA, 2% Infrastructure Projects.

Additional Provisions

• “Aging Out” Protection: Children over 21 may retain eligibility under specific criteria.
• Capital Redeployment: Capital may be redeployed across the U.S. to maintain investment at risk.
• Sovereign Wealth Funds: Permitted with restrictions on administration roles.
• Job Creation: 10 jobs per investment, including 1 direct job and 9 indirect jobs (modeled).
• Concurrent Filings: I-526 and I-485 may be filed together for faster status adjustment.
• Grandfathering Provisions: Protects existing petitions if regional center authority lapses.

New Integrity Measures

• Mandatory audits of regional centers every 5 years
• Expanded USCIS authority to reject plans for fraud, crime, or national security risks
• Annual investment activity statements required
• Disqualification of bad actors and foreign government entities
• Biometric data required for EB-5 administrators
• Stricter source of funds verification
• Creation of the EB-5 Integrity Fund