EB-5 Visa Program

Created by Congress in 1990, the EB-5 program gained increased prominence after the 2008 financial reforms as a tool to promote economic development through foreign direct investment.

Kay Program Requirements:

• Minimum investment of $800,000 (or $1,050,000 if the project is not located in a Targeted Employment Area) in a U.S.-based commercial enterprise.
• Each investment must create at least 10 full-time jobs for U.S. workers.
• Investor must demonstrate that his/her invested funds were derived from lawful sources.
• The investment must be sustained for a minimum of two years.

Since its inception, more than 100,000 individuals obtained Green Cards through the EB-5 program. The program contributed over $40 billion in capital to the U.S. economy and supported hundreds of thousands of jobs.

EB-5 investments typically account for part of project financing, alongside bank loans, developer equity contributions, and other funding sources.

The process involves three key phases‍

1. I-526E Petition Filing – Transfer of funds to the project escrow account and submission of the initial investor petition to USCIS.
2. Green Card Processing – Adjustment of Status or consular processing for conditional residency.
3. I-829 Petition Filing – Removal of Conditions to obtain a permanent green card.

Upon successful fulfillment of all program requirements — including job creation and proper fund deployment — USCIS grants permanent residency to the investor and eligible family members. After the investment period ends, the investor may be eligible for capital repayment, subject to project terms and performance.