The EB-5 visa program is a powerful facilitated pathway to U.S. residency for foreign investors and their immediate families. To successfully apply for an EB-5 visa, applicants must follow a series of steps that involve meeting investment requirements, complying with U.S. immigration laws, and completing various forms and providing supporting documentation. Below is a detailed guide to help you navigate the EB-5 process.
01
Determine Eligibility
Before applying, confirm that you meet the core eligibility requirements of the EB-5 program:
Investment Amount
$800,000 in a Targeted Employment Area (TEA), or
$1,050,000 in a non-TEA (standard location).
Job Creation Requirement
The investment must lead to the creation of at least 10 full-time jobs for qualifying U.S. workers.
Jobs can be created directly (through a new commercial enterprise) or indirectly (through a USCIS-designated Regional Center).
Lawful Source of Funds
Your investment must come from a lawful source and be clearly documented.
Tip: Consult a licensed EB-5 immigration attorney to assess your individual eligibility and to prepare the required documentation.
02
Select a Qualified EB-5 Project
Most investors (approximately 95%) choose to invest through a USCIS-designated Regional Center due to the job creation flexibility of counting indirect and direct jobs.When selecting a project, consider the following:
Conduct Due Diligence
Review the project’s business plan, financial structure (capital stack), job creation methodology, and immigration track record.
Work with Professionals
Engage an experienced FINRA-registered broker-dealer to help you assess project viability and compliance.
03
File Form I-526E
Once you've selected your EB-5 project, your immigration attorney will help you file:
Form I-526E – for investors through a Regional Center,
or Form I-526 – for direct EB-5 investments.
Key steps
1. Proof of investment funds transfer.
2. Complete source and path of funds documentation.
3. Supporting project documents, such as business plans, economic impact reports, and job creation forecasts.
04
Await USCIS Adjudication
After submission of your I-526E petition, USCIS will review your petition. Processing times typically range from 6 to 24 months, depending on the complexity of your case, country processing times, and USCIS workload.
During this stage
You may receive a Request for Evidence (RFE) or NOID asking for additional documentation. If received, prepare a thorough response with the assistance of your immigration attorney.
Once approved, you can begin the process of obtaining a Green Card.
05
Obtain Conditional Residency
Upon approval of your I-526E or I-526:
If inside the U.S.
File Form I-485 to adjust status.
If outside the U.S.
Complete consular processing via Form DS-260 through the U.S. Embassy or Consulate.
Upon approval of your adjustment of status or consular processing visa, you will receive your Conditional Permanent Residency (Conditional Green Card) and may live, work, and study in the U.S. The conditional green card has a two-year expiration period.
06
File Form I-829 to Remove Conditions
Within the 90-day window before your two-year conditional Green Card expires, you must file Form I-829 to Remove Conditions.
This filing must demonstrate
You maintained your investment throughout the sustainment period.
The investment met the required job creation threshold.
You complied with the immigration requirements for lawful permanent residents (such as complying with U.S. laws and regulations and meeting the physical presence requirement).
Once approved, you and your family will be granted lawful permanent resident (LPR) status.
07
Repayment of Investment
After fulfilling all EB-5 program requirements andthe project's loan term, investors may be eligible for repayment or redemptionof their capital. Repayment terms vary by project and should be .clearlyoutlined in the offering documents. Review these carefully, preferably withyour investment advisors, before making your investment.
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