EB-5 Investment Immigration
EB-5投资移民
Overview
The EB-5 Immigrant Investor Program allows foreign investors to obtain U.S. permanent residence (a green card) by making a qualifying commercial investment in the United States. The 2022 EB-5 Reform and Integrity Act (RIA) introduced sweeping reforms, including reserved visa categories and an integrity fund. Investors may choose to invest directly in a new commercial enterprise or indirectly through a USCIS-designated Regional Center. The investment must create at least 10 full-time jobs.
Related Videos
Investment Requirements
- Standard investment: $1,050,000 (general areas)
- TEA investment: $800,000 (Targeted Employment Areas — rural areas or high-unemployment areas)
- The investment must be "at-risk" — guaranteed returns or loan arrangements without risk do not qualify
- The investment must create at least 10 full-time jobs (direct hires for direct investment; indirect and induced jobs count for Regional Center projects)
- The investor must demonstrate a lawful source of funds through a complete and traceable documentation trail
Application Process
Select an Investment Project
Evaluate Regional Center projects or direct investment opportunities. Consider project viability, TEA qualification, job-creation capacity, and exit strategy.
Prepare Source of Funds Documentation
Compile a complete chain of evidence for the lawful source of funds: income documentation, asset appraisals, tax records, and wire transfer records. This is the most scrutinized aspect of any EB-5 petition.
File Form I-526E
Submit Form I-526E to USCIS along with investment evidence. Under the RIA, Regional Center-based petitions use the I-526E form.
Concurrent I-485 Filing (Optional)
If the investor is in the U.S. and the priority date is current, Form I-485 (Adjustment of Status) may be filed concurrently, providing immediate access to an EAD (work permit) and Advance Parole (travel document).
I-526E Adjudication
Current processing times range from 12–24 months. If no concurrent I-485 was filed, approved cases proceed through NVC consular processing.
Conditional Green Card
Upon approval, the investor receives a 2-year conditional green card. Form I-829 must be filed within the 90-day window before the conditional period expires to remove conditions.
Timeline Reference
| Stage | Estimated Duration |
|---|---|
| Project Selection + Fund Preparation | 1–3 months |
| I-526E Adjudication | 12–24 months |
| NVC / Consular Processing | 6–12 months (if no concurrent filing) |
| Conditional Green Card | 2 years |
| I-829 Condition Removal | 12–24 months after filing |
FAQ
Can I file Form I-526E and I-485 concurrently?
Yes. Under the 2022 RIA, if the investor is present in the U.S. and the priority date is current, concurrent filing is permitted. The key benefit is that the applicant can obtain an EAD (work authorization) and Advance Parole (travel document) while the I-485 is pending. EB-5 set-aside categories currently have current priority dates.
Can borrowed funds be used for the EB-5 investment?
Yes, loan proceeds may be used, but the loan cannot be secured by the assets of the EB-5 project itself. Commonly accepted sources include home equity loans, personal unsecured loans, and gifts from family members (the donor must also document the source of funds). The critical requirement is that the entire fund trail must be traceable and lawful.
What are EB-5 set-aside (reserved) visas?
The RIA reserved visa numbers for three project categories: rural projects (20%), high-unemployment area projects (10%), and infrastructure projects (2%). Set-aside categories have their own separate visa queues, which currently move significantly faster than unreserved categories.
Key Differences Between New and Old EB-5 Policies
| Item | Old Policy (Before Mar 2022) | New Policy (After Mar 2022) |
|---|---|---|
| Investment Amount | $500,000 | $800,000 |
| Concurrent Filing in US | No — must wait for priority date to become current | Yes — when current, can file I-526E + I-485 + Combo card concurrently in US |
| Processing Priority | Must queue with old policy investors | TEA rural, high-unemployment & infrastructure projects have independent processing lanes |
| Regional Center Regime | Relatively loose oversight | 5-year legislative term with annual renewal audits, increased transparency and oversight |
| Visa Allocation | No reserved set-aside visas | USCIS reserves 3,200 annual priority processing visas |
| Fund Exit Mechanism | Funds must remain at risk until I-829 | Funds at risk for 2 years |
EB-5 Investment Pathways: Regional Center vs. Direct Investment
| Comparison | Regional Center | Direct Investment |
|---|---|---|
| Self-Management Required | No — investor does not participate in daily operations | Yes — must establish or directly manage the business |
| Ideal For | High-net-worth families seeking passive investment & status planning | Individuals with US business experience who plan to operate long-term |
| Job Creation | Direct + indirect jobs count | Only direct jobs count |
| Project Type | Real estate, infrastructure — large compliant projects managed by Regional Center | Restaurants, franchises, trade, manufacturing — self-operated |
| Investment Amount | $800,000 | $800,000 / $1,050,000 |
| Exit Mechanism | No fixed exit timeline set by project — less investor control | After meeting the sustaining period, investor controls fund exit — more flexible |
| Management Convenience | High — no daily operations involvement | Low — requires full management, hiring, operations |
Related Services
Keywords
Need EB-5 Investment Immigration Services?
Book a free consultation and let us create a personalized plan for you.